cabonne Council colour 200 wide

 

 

 

 

 

 

14 August 2012

 

 

NOTICE OF ORDINARY COUNCIL MEETING

 

Your attendance is respectfully requested at the Ordinary Meeting of Cabonne Council convened for Monday 20 August, 2012 commencing at 9.30am, at the Cabonne Shire Office, Bank Street, Molong to consider the undermentioned business.

 

Yours faithfully,

 

 

 

Andrew L Hopkins

GENERAL MANAGER

 

ORDER OF BUSINESS

 

1)       Open Ordinary Meeting

2)       Consideration of Mayoral Minute

3)       Consideration of General Manager’s Report

4)       Matters of Urgency

5)       Resolve into Committee of the Whole

a)    Consideration of Closed Items

Adoption of Closed Committee of the Whole Report

 

 

 

 

 


 

ATTENDEES – AUGUST 2012 COUNCIL MEETING

 

 

 

Canowindra School Children

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

http://cc2k/intranet/images/cabonne%20Council%20colour.JPG

 

 

 

 

COUNCIL’S MISSION

“To be a progressive and innovative Council which maintains relevance through local governance to its community and diverse rural area by facilitating the provision of services to satisfy identified current and future needs.”

 

 
 

 

 


         

 

 

 

 

 

 

 

 

 

COUNCIL’S VISION

Cabonne Council is committed to providing sustainable local government to our rural communities through consultation and sound financial management which will ensure equitable resource allocation.

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 


GENERAL MANAGER’S REPORT ON MATTERS FOR DETERMINATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Monday 20 August, 2012

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      APPLICATIONS FOR LEAVE OF ABSENCE.................................. 4

ITEM 2      DECLARATIONS OF INTEREST....................................................... 4

ITEM 3      DECLARATIONS FOR POLITICAL DONATIONS.......................... 5

ITEM 4      MAYORAL MINUTE - APPOINTMENTS........................................... 5

ITEM 5      GROUPING OF REPORT ADOPTION.............................................. 6

ITEM 6      CONFIRMATION OF THE MINUTES................................................. 6

ITEM 7      COMMUNITY SERVICES COMMITTEE MEETING........................ 7

ITEM 8      ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING 7

ITEM 9      RATE REVIEW COMMITTEE MEETING........................................... 8

ITEM 10    ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING................................................................................................................... 8

ITEM 11    WORKS COMMITTEE MEETING ...................................................... 9

ITEM 12    BURGOON LANE ............................................................................... 10

ITEM 13    COUNCIL PICNIC DAY...................................................................... 10

ITEM 14    EMERGENCY SERVICE LEVY DISCUSSION PAPER................ 11

ITEM 15    CUMNOCK SHOWGROUND SOLAR PANELS............................ 12

ITEM 16    ALLOWING COUNCILS TO ADVERTISE BY ELECTRONIC MEANS        13

ITEM 17    Eugowra Aged Units................................................................. 14

ITEM 18    2011/2012 MANAGEMENT PLAN................................................... 15

ITEM 19    Modification Application for DA 2001/242 Gundamain Pastoral Company Lot 22 DP 526065, Lot 1 DP 519074, Lots 147, 167, 28 & 50 DP 750182, Paytens Bridge Road, Eugowra......................... 16

ITEM 20    WEST MOLONG - DEVELOPMENT CONTROL REVIEW.......... 24

ITEM 21    POSSIBLE PURCHASE OF RAILWAY LAND FOR GASOMETER DISPLAY    28

ITEM 22    DEVELOPMENT APPLICATION 2012/65 - SEPP 1 OBJECTION - SUBDIVISION LOT 108 DP 876024 AND LOT 2 DP 884022, 523 GRIFFIN ROAD, BORENORE................................................................................................................. 29

ITEM 23    BUSINESS PAPER ITEMS FOR NOTING...................................... 30

ITEM 24    QUESTIONS FOR NEXT MEETING................................................ 31

Confidential Items

 

Clause 240(4) of the Local Government (General) Regulation 2005 requires Council to refer any business to be considered when the meeting is closed to the public in the Ordinary Business Paper prepared for the same meeting.  Council will discuss the following items under the terms of the Local Government Act 1993 Section 10A(2), as follows:

 

ITEM 1      CARRYING OF COUNCIL RESOLUTION INTO CLOSED COMMITTEE OF THE WHOLE MEETING

Procedural

ITEM 2      Endorsement of Proceedings of Confidential matters considered at committee of the whole meeting

Procedural

ITEM 3      OUTSTANDING PUBLIC LIABILITY INSURANCE CLAIMS

(g) advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege

ITEM 4      MACQUARIE/ORANGE PIPELINE WEED MANAGEMENT MEETING MINUTES

Procedural

ITEM 5      LAND DEVELOPMENT SUB COMMITTEE MEETING

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business

ITEM 6      CADIA VOLUNTARY PLANNING AGREEMENT

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business

ITEM 7      CANOWINDRA INDUSTRIAL ESTATE  - SELLING OF BLOCKS

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business   

 

ANNEXURE ITEMS

 

ANNEXURE 6.1    Minutes of the Ordinary Councill Meeting held 16 July 2012                                                                                                    32

ANNEXURE 6.2    Minutes of the Extraordinary Council Meeting held 6 August 2012........................................................................ 53

ANNEXURE 7.1    August Community Services Minutes............... 57

ANNEXURE 8.1    August Economic Development and Tourism minutes       60

ANNEXURE 9.1    Rate Review Committee Minutes........................... 65

ANNEXURE 10.1  Report of Environmental Services and Sustainability Commiittee ........................................................................ 68

ANNEXURE 11.1  Works Committee Minutes....................................... 72

ANNEXURE 16.1  Letter to Premier Barry O Farrell regarding requirements of Advertising............................... 79

ANNEXURE 17.1  Proposal for more self care units at Eugowra       80

ANNEXURE 18.1  11 - 12 Strategic Plan Final Review.................... 81

ANNEXURE 19.1  CONDITIONS OF APPROVAL MOD DA 2001-242...... 116

ANNEXURE 22.1  Response from Planning & Infrastructure 149 

 


 

 

ITEM 1 - APPLICATIONS FOR LEAVE OF ABSENCE

REPORT IN BRIEF

 

Reason For Report

To allow tendering of apologies for Councillors not present

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS LEAVE OF ABSENCE - 333878

 

 

Recommendation

 

THAT any apologies tendered be accepted and the necessary leave of absence be granted.

 

 

GENERAL MANAGER’S REPORT

 

A call for apologies is to be made.

 

 

ITEM 2 - DECLARATIONS OF INTEREST

REPORT IN BRIEF

 

Reason For Report

To allow an opportunity for Councillors to declare an interest in any items to be determined at this meeting.

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS DECLARATION OF INTEREST - 333879

 

 

Recommendation

 

THAT the Declarations of Interest be noted.

 

 

General Manager's REPORT

 

A call for Declarations of Interest

 

 

ITEM 3 - DECLARATIONS FOR POLITICAL DONATIONS

REPORT IN BRIEF

 

Reason For Report

To allow an opportunity for Councillors to declare any Political Donations received

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS DECLARATION OF POLITICAL DONATIONS - 333880

 

 

Recommendation

 

THAT any Political Donations be noted.

 

 

General Manager's REPORT

 

A call for declarations of any Political Donations.

 

ITEM 4 - MAYORAL MINUTE - APPOINTMENTS

REPORT IN BRIEF

 

Reason For Report

To allow noting of the Mayoral appointments plus other Councillors' activities Reports

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\MAYORAL MINUTES - 333881

 

 

Recommendation

 

THAT the information contained in the Mayoral Minute be noted.

 

 

General Manager's REPORT

 

A call for the Mayoral appointments and attendances as well as other Councillors’ activities reports to be tabled/read out.

 

 

 

 

 

ITEM 5 - GROUPING OF REPORT ADOPTION

REPORT IN BRIEF

 

Reason For Report

Enabling procedural reports to be adopted.

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 333882

 

 

Recommendation

 

THAT:

1.      Councillors call any items they wish to further consider

2.      That items 6 to 12 be moved and seconded

 

 

Director of Finance and Corporate Services' REPORT

 

Items 6 to 12 are considered to be of a procedural nature and it is proposed that they be moved and seconded as a group. Should any Councillor wish to amend or debate any of these items they should do so at this stage with the remainder of the items being moved and seconded.

 

 

ITEM 6 - CONFIRMATION OF THE MINUTES

REPORT IN BRIEF

 

Reason For Report

Adoption of Minutes

Policy Implications

Nil

Budget Implications

Nil

Annexures

1.  Minutes of the Ordinary Councill Meeting held 16 July 2012

2.  Minutes of the Extraordinary Council Meeting held 6 August 2012    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 333884

 

 

Recommendation

 

THAT the minutes of the Ordinary Meeting held on Monday 16 July 2012 and the minutes of the Extraordinary Meeting held 6 August be adopted.

 

 

General Manager's REPORT

 

The following minutes are attached for endorsement.

 

1.   Minutes of the Ordinary Council meeting held on Monday 16 July 2012.

 

2.   Minutes of the Extraordinary Meeting held on Monday 6 August 2012.

 

 

ITEM 7 - COMMUNITY SERVICES COMMITTEE MEETING

REPORT IN BRIEF

 

Reason For Report

Adoption of Community Services Committee Recommendations

Policy Implications

Nil

Budget Implications

Nil

Annexures

1.  August Community Services Minutes    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 333885

 

 

Recommendation

 

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 6 August 2012 be adopted

 

 

Community Services Manager's REPORT

 

Attached is the report of the Community Services Committee Meeting of Cabonne Council held on 6 August 2012 for Council’s adoption.

 

 

ITEM 8 - ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING

REPORT IN BRIEF

 

Reason For Report

Adoption of Economic Development & Tourism Committee Recommendations

Policy Implications

Nil

Budget Implications

Nil

Annexures

1.  August Economic Development and Tourism minutes    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 333886

 

 

Recommendation

 

THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 6 August 2012 be adopted.

 

 

Economic Development Manager's REPORT

 

Attached is the report of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 6 August 2012 for Council’s adoption.

 

 

ITEM 9 - RATE REVIEW COMMITTEE MEETING

REPORT IN BRIEF

 

Reason For Report

Adoption of Rate Review Committee recommendations

Policy Implications

Nil

Budget Implications

Nil

Annexures

1.  Rate Review Committee Minutes    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 333893

 

 

Recommendation

 

THAT the report and recommendation of the Rate Review Committee meeting of Cabonne Council held on 6 August 2012 be adopted    

 

Director of Finance and Corporate Services' REPORT

 

Attached is the report of the Rate Review Committee Meeting of Cabonne Council held on 6 August 2012 for Council’s adoption.

 

 

ITEM 10 - ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING

REPORT IN BRIEF

 

Reason For Report

Adoption of Environmental Services and Sustainability Committee recommendations and noting of motions carried

Policy Implications

Nil

Budget Implications

Nil

Annexures

1.  Report of Environmental Services and Sustainability Commiittee     

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 333888

 

 

Recommendation

 

THAT the report and recommendations of the Environment Services and Sustainability Committee Meeting of Cabonne Council held on 6 August 2012 be adopted and carried Motions be noted.

 

 

Director of Environmental Services' REPORT

 

Attached is the report of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 6 August 2012.

 

 

ITEM 11 - WORKS COMMITTEE MEETING

REPORT IN BRIEF

 

Reason For Report

Adoption of the Works Committee Meeting Recommendations

Policy Implications

Nil

Budget Implications

Nil

Annexures

1.  Works Committee Minutes    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 333889

 

 

Recommendation

 

THAT the report and recommendations of the Works Committee Meeting of Cabonne Council held 6 August, 2012  be adopted. 

 

 

Director of Engineering and Technical Services' REPORT

 

Attached is the report and recommendations of the Works Committee Meeting of Cabonne Council held on 6 August, 2012 for Council’s adoption.

 

 

ITEM 12 - BURGOON LANE

REPORT IN BRIEF

 

Reason For Report

To seek approval for the Common Seal to be affixed to the land transfer documents.

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\ACQUISITION\BURGOON LANE, MOLONG - PT LOT 2 DP 842028 AND CROWN ROAD RESERVE - BOUNDRY REDIFINATION - 331356

 

 

Recommendation

 

THAT Council authorise the affixing of the Common Seal and signatures to the  land transfer documents and classify the land as operational.

 

Design Manager's REPORT

 

Council has recently received notification from the LPI advising that the old Burgoon Lane road reserve has been closed as a road by notification in the Government Gazette on the 6th July 2012. Council is currently in the process of organising for the removal of the reference to road from the Second Schedule on the Title.

 

Upon completion of this, the land transfer documents can be completed. This will allow the land to be transferred to the land owner as compensation for the land acquired as per the Council Resolution from June 27, 2011. Council will be required to sign and affix the Common Seal to the land transfer documents.

 

 

ITEM 13 - COUNCIL PICNIC DAY

REPORT IN BRIEF

 

Reason For Report

To seek Council's approval for the Annual Picnic Day proposed to be held on Friday 12 October 2012.

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\PERSONNEL\ARRANGEMENTS\PICNIC DAY - 328400

 

 

Recommendation

 

THAT:

 

1.    Council approve the annual Picnic Day to be held on Friday 12 October 2012.

2.    Council authorise the attendance of all Councillors at the Picnic Day.

3.    Councillors note the cost of $52.00 for attending the Picnic Day to be paid to the Picnic Committee from the Councillor Expense Account.

 

 

General Manager's REPORT

 

Council has received a request from the Staff Picnic Committee, seeking Council’s consent to hold the annual Council Picnic Day on Friday 12 October 2012.

 

The issue of Union Picnic Days has been the subject of much discussion following various new Federal Industrial Relations Legislation and amendments by the Federal Government. Council has always supported the conduct of the Council Picnic Day for all staff members, and a continuation of this practice is supported.

 

The usual practice for the conduct of the Picnic is to make the Picnic available for all staff who purchase a Picnic Ticket and attend on the day. Staff who do not participate in the Picnic Day have the option to take Annual Leave, Long Service Leave or a Rostered Day Off as appropriate.

 

This year’s Picnic will be held in Molong. The day will consist of Golf, Bowls and lunch. The cost of attending the Picnic Day is $52.00 which covers the cost of activities, lunch and refreshments.

 

Councillors are welcome to attend and should notify the General Manager’s Personal Assistant, Robyn Little, if they wish to attend.

 

 

ITEM 14 - EMERGENCY SERVICE LEVY DISCUSSION PAPER

REPORT IN BRIEF

 

Reason For Report

Advising of release of Emergency Service Levy Discussion Paper

Policy Implications

Yet to be determined

Budget Implications

Yet to be determined

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\EMERGENCY SERVICES\PLANNING\EMERGENCY RISK MANAGEMENT - 335028

 

 

Recommendation

 

THAT Council make a submission in relation to the Discussion Paper titled ‘Funding our Emergency Services.’

 

Director of Finance and Corporate Services' REPORT

 

A copy of the ‘Funding our Emergency Services’ discussion paper has previously been emailed to Councillors for consideration. The key points from the discussion paper were:

 

·    Funding for emergency services currently comes from three sources, with the bulk of funding (73.7 per cent) provided by a tax on insurance companies, while the remainder of the funds are provided by local governments (11.7 per cent) and the State Government (14.6 per cent)

·    The current system has serious weaknesses and is economically inefficient. Taxing insurance increases the price of insurance and can lead some people to under insure and others not to insure at all.

·    The system is also unfair because people who are either not insured or are under-insured do not contribute to the funding of our emergency services, but still receive the same coverage as those who do pay insurance.

·    A better and fairer system would spread the costs across the whole community.

·    Recent reviews of the state tax system, including the Henry Tax Review, have recommended NSW moves to a property based levy to fund the emergency services

·    All other mainland states either fund their emergency services using a property levy or are moving to do so.

·    The experience in Western Australia and South Australia has been that the resultant reduction in the cost of insurance has been passed onto customers.

 

Public consultation will be for a 3 month period with submissions closing on 8 October 2012 and it is recommended that Council make a submission regarding a preferred outcome.

 

ITEM 15 - CUMNOCK SHOWGROUND SOLAR PANELS

REPORT IN BRIEF

 

Reason For Report

To advise of requests relating to solar panels at the Cumnock Showgrounds

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\PARKS AND RESERVES\MAINTENANCE\CUMNOCK SHOWGROUND - 335024

 

 

Recommendation

 

THAT:

 

1.   Council accept the donation of solar panels for the Cumnock Showgrounds and act as arbitrator should any disputes arise over distributions of income via the solar system.

 

2.   The initial distribution of income be on the basis of 85% to the Little River Landcare group and 15% to the Cumnock Show Society.

 

 

Director of Finance and Corporate Services' REPORT

 

Council is trustee of the Cumnock Showgrounds and recently the Little River Landcare Group erected solar panels on the Cumnock Show Pavillion. Since that time Council has been in negotiations to arrange a licence agreement with the group however such an arrangement would involve the group incurring an annual fee of $500 per annum.

 

The Landcare group funded the purchase of the solar panels with a view to raising income. Council’s solicitor has advised the group that should Council accept the solar panels as a donation and agree to act as an arbitrator should any dispute arise over distribution of income earned from the solar systems that this would negate the need for the licence agreement and therefore the annual fee.

 

Both the Little River Landcare Group and Cumnock Show Society are not for profit organisations and have agreed to a distribution of the income from solar power generated by the system on the basis of 85% to the Little River Landcare Group and 15 % to the Cumnock Show Society. The current agreement for the NSW Government’s Solar Bonus Scheme is until the year 2017.

 

 

ITEM 16 - ALLOWING COUNCILS TO ADVERTISE BY ELECTRONIC MEANS

REPORT IN BRIEF

 

Reason For Report

Allowing Councils to Advertise by Electronic Means

Policy Implications

Nil

Budget Implications

Nil

Annexures

1.  Letter to Premier Barry O Farrell regarding requirements of Advertising    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 334402

 

 

Recommendation

 

THAT Council send a letter to Premier Barry O‘Farrell’s Office requesting Councils to be permitted to advertise electronically.

 

Administration Manager's REPORT

 

Recently an email has been received from Lane Cove Council about the concerns of the expenses of advertising the following items in the newspapers:

 

Adoption of policies,

Tenders,

Granting of leases and licenses,

Job advertisements,

Fees and charges,

Financial statements and

Development application

 

A letter has been written to Premier Barry O’Farrell’s Office by that council (see annexure).

 

Cabonne incurs similar costs and it is recommended that Council support the request by forwarding a similar letter to the Premier.

 

 

ITEM 17 - Eugowra Aged Units

REPORT IN BRIEF

 

Reason For Report

The Eugowra Self Care Units Committee have requested Council's support in principle for the construction of additional units.

Policy Implications

Nil

Budget Implications

Nil

Annexures

1.  Proposal for more self care units at Eugowra    

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\SERVICE PROVIDERS\AGED CARE SERVICES - 334502

 

 

Recommendation

 

THAT Council support in principle the construction of additional self care accommodation for the aged at Eugowra.

 

Community Services Manager's REPORT

 

The Eugowra Self Care Units Committee wish to pursue the construction of additional self care aged accommodation in Eugowra.

 

They have set aside a significant amount of funds to apply towards a project and have held two community meetings so far to gain support to go ahead.

 

It is unlikely that they will be able to secure grant funds and options available to them include having the units partially funded by the residents or through loan funds. It is expected that they may also request some support from Council at a future date.

 

The Committee currently manages a set of 5 aged units which were built approximately 20 years ago through community fundraising and a grant from Housing NSW. These units are in Council’s name and the committee is a s.355 committee of Council.

 

Tasks ahead of the Committee include locating a suitable site for a project, selecting a model of housing provision and developing a business plan.

 

The Community Services Manager has provided some advice and support to date and this will continue.  

 

 

ITEM 18 - 2011/2012 MANAGEMENT PLAN

REPORT IN BRIEF

 

Reason For Report

Providing a final progress report on Council's 2011/2012 Management Plan

Policy Implications

Nil

Budget Implications

Nil

Annexures

1.  11 - 12 Strategic Plan Final Review    

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\PLANNING\CORPORATE MANAGEMENT PLAN 11 - 12 - 335000

 

 

Recommendation

 

THAT, subject to any alterations that the Council deems necessary at the August meeting, the update of the Management Plan to the 30 June 2012, as presented be adopted.

 

Administration Manager's REPORT

 

The Local Government Act requires Council to consider a quarterly report on the review of its annual Management Plan.

 

The purpose of this report is to allow Council to assess its performance against its agreed objectives, actions and strategies.

 

The final Quarterly Management Plan for 2011/2012 is attached which shows the culmination of the actions and strategies undertaken in the preceding quarter.

 

For this, the last quarterly review, the following items are noteworthy:

 

·    Integrated Planning and Reporting completed

·    LEP with Minister for approval

·    Eugowra and Molong Floodplans adopted

·    New IT System being implemented

·    Wards abolished

·    Migration to new website complete

·    Internal Audit Committee appointed.

 

ITEM 19 - Modification Application for DA 2001/242 Gundamain Pastoral Company Lot 22 DP 526065, Lot 1 DP 519074, Lots 147, 167, 28 & 50 DP 750182, Paytens Bridge Road, Eugowra

REPORT IN BRIEF

 

Reason For Report

Proposed modification of conditions of consent

Policy Implications

Nil

Budget Implications

Nil

Annexures

1.  CONDITIONS OF APPROVAL MOD DA 2001-242    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2001\03-2001-0242 - 334385

 

 

Recommendation

 

THAT Modification Development Application 2001/242 for Intensive Live stock keeping (Feedlot) on Lot 22 DP 526065, Lot 1 DP 519074, Lots 147,167, 28 & 50 DP 750182, Paytens Bridge Road, Eugowra be granted consent subject to the conditions attached.

 

 

Senior Town Planner's REPORT

 

ADVISORY NOTES

Record of voting

In accordance with s375A of the Local Government Act 1993, a division is required to be called when a motion for a planning decision is put at a meeting of Council or a Council Committee.  A division under s375A of the Act is required when determining this planning application.

 

Political Disclosures

In accordance with s147(4) of the Environmental Planning and Assessment Act 1979, a person making a planning application to Council is required to disclose political donations and gifts made within 2 years prior to the submission of  the application and concluding when the application is determined.

 

In accordance with s147(5) of the Environmental Planning and Assessment Act 1979, a person making a public submission to Council in relation to a planning application made to Council is required to disclose political donations and gifts made within 2 years prior to the submission being made and concluding when the application is determined.

 

Political donations and gifts (if any) to be disclosed include:

·    All reportable political donations made to any local councillor or Council,

·    All gifts made to any local councillor or employee of the Council.

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

SUMMARY

 

The following report provides an assessment of the modification development application submitted for Intensive Livestock Keeping (Feedlot) on land described as Lot 22 DP 526065, Lot 1 DP 519074, Lots 147, 167, 28 & 50 DP 750182, Paytens Bridge Road, Eugowra.

 

The application has been referred to the Council for determination as the original development consent was determined by Council.

It is recommended that the modification application be approved subject to conditions of consent.

 

Applicant: Geolyse

Owner:      Gundamain Pastoral Company

Proposal:  Modification to DA 2001/242

Location:   Lot 22 DP 526065, Lot 1 DP 519074, Lots 147, 167, 28 & 50 DP     750182, Paytens Bridge Road, Eugowra

Zone:         1(a) General Rural   

 

THE PROPOSAL

The application for modification to the Gundamain Feedlot was received on 26th June 2012 requesting changes to Conditions 23 Annual Environmental Management Report and 31 Shading.

 

23     ANNUAL ENVIRONMENTAL MANAGEMENT REPORT

Objective

To ensure that the development is operated in accordance with the relevant licenses and conditions of consent.

Performance

The applicant shall hold an annual Environmental Report meeting (AEMR). The AEMR must be prepared and presented to:-

·    Cabonne Council

·    Environmental Protection Authority

·    Department of Land and Water Conservation

·    Department of Agriculture

·    Forbes Shire Council

Environmental monitoring has been undertaken at the Gundamain feedlot during the license period in accordance with EPA license No. 11515. Groundwater and soil analysis indicates minimal adverse environmental impacts resulting from the feedlot. Given the satisfactory environmental operations at the feedlot and decrease in the number of complaints it is proposed to amend the above condition by changing the meeting from annual to biennial. The subject application will not modify the Environmental Protection License (EPL) 11515 or the requirement for an Annual Environmental Management Report (AEMR).

 

It is also proposed to remove the requirement for Forbes Shire Council to attend the AEMR meeting. Council staff have been invited to each meeting since the feedlot commenced operation in 2002 however they have not attended any meeting to date. Recent consultation with Forbes Shire Council has confirmed they have no objection to the modification requesting the deletion of Forbes Council from attending any AEMR meeting.  Likewise, the EPA have raised no objection to the requested modification of this condition.  It should be noted EPL 11515 was varied by the NSW EPA on 23rd June 2011. Major implications of this variation included:

·    Updated of the Lot and DP descriptions;

·    Provision for carcass composting within the dedicated pit;

·    Removal of groundwater monitoring points W3 and B1 and alteration of sampling frequency from every six months and sample for anaylsis where liquid is present;

·    Addition of aggregate stability and removal of sodium absorption ratio and water stable aggregates for the soil monitoring points 3, 4, 5 and 6.

The proposed modification also refers to the following condition:-

31 SHADING

Objective

To ensure that the health and welfare of cattle is maximized.

Performance

The applicant shall provide adequate shading of the feedlot pens. Detailed plans shall be provided for PCA approval prior to erection. Shading is to be designed and erected within 5 years of approval in accordance with best practice guidelines as issued by the Department of Agriculture or Industry Association.

 

The modification includes removal of Condition 31 from the original consent. As indicated in the application submitted to Council this modification is justified by the following points:-

(a) The site is not located within the area that identifies shade or alternative means of cooling as a necessary practice, according to the National Guidelines for Beef Cattle Feedlots in Australia SCRAM Report 47.

(b) The shading of pens is not necessarily desirable and may cause a rise in humidity due to decreased air flow in the pens. Shade would also reduce the ability for the pens to dry in wet and cool conditions.

(c)  Shading is not necessary because the feedlot has an ‘Excessive Heat Load Action Plan’ that is a more practical and appropriate alternative to mitigate heat stress in cattle.

It should be noted that shade has been identified as having a large impact on the body heat load experienced by cattle reducing solar radiation and slowing the rate of gain of body heat. Shade can improve cattle comfort and productivity and increase profitability under some climatic conditions.

 

Excessive heat load in feedlot cattle during the summer months can result in significant production losses and impact animal welfare. Heat load can develop in feedlot cattle when a combination of environmental conditions and animal factors exceed the animal’s ability to dissipate body heat. Excessive heat loading can cause deaths of cattle in extreme weather conditions.

 

The applicant has provided a copy of the Gundamain Feedlot - Excessive Heat Load Action Plan. This plan has been prepared by a consultant veterinarian and is considered adequate (by the applicant) for the mitigation of Heat Loading in cattle and an alternative means for providing shade. The plan sets the actions and responsibilities that are to be undertaken by the management team in the event a potential heat load event is predicted. Including, but not limited to, the following actions:-

-     Contact the Consultant Veterinarian;

-     Contact the Feedlot nutritionist;

-     Implement the use of Summer Rations;

-     Halt and shipment of livestock from the feedlot, and

-     Install additional water troughs in feedlot pens

 

Cattle feedlots must comply with the animal welfare provisions of the “Model Code of Practice for the Welfare of Animals – Cattle” and the “Australian Lot Feeders' Association Code of Practice: Cattle Welfare in Feedlots”. The welfare code incorporates basic welfare needs of cattle including requirements for intensive systems such as management practices, health inspections, yard and feeding management. According to best practice guidelines and the above documents, shade is a tool for reducing Heat Loading in cattle during extreme weather conditions. There are no legislative requirements for providing shade in Australian feedlots.

 

Whilst the Applicant has requested the removal of Condition 31 relating to shading, it is recommended that Condition 31 be retained and amended to include the endorsed Excessive Heat Loading Action Plan.

 

Site Map

 

The feedlot is located at ‘Gundamain’, approximately 3kms south west of Eugowra and 30kms east of Forbes. The property is 606 hectares and contains a dwelling, approved cattle feedlot and irrigated farmland. Access to the site will be via the existing access from Paytens Bride Road. No new access points are proposed as part of this modification. The site is zoned 1(a) General Rural under the provisions of the Cabonne Local Environmental Plan 1991.

 

Background

 

DA 2001/242 for Gundmain Pastoral Company cattle feedlot, a 6000 head licensed facility, was granted development consent at an Ordinary Meeting of Council on 20th August 2001. The approval was issued in 2 parts:-

Part 1 relates to Stage 1 of the consent to do with the construction and stocking of the feedlot to 4000 head including roads, effluent/stormwater management systems, landscaping and solid waste management.

Part 2 is a deferred commencement consent, this part of the development consent relates to the proposal to increase the stocking rate of the feedlot from 4000 head to 6000, subject to Council being satisfied that:-

a.   The development has operated in a satisfactory manner for a period of not less than 18 months. For the purposes of this condition, the applicant must provide to the Council, at the applicant’s cost, an independent audit of the applicant’s compliance with the conditions of the development consent and environmental protection licence (including compliance with management plans). The auditor shall be appointed by and report to the Council.

b.   An environmental protection license has been obtained from the EPA enabling the applicant to increase the stocking rate from 4000 head to 6000 head.

The Feedlot operates under Environment Protection License (EPL) number 11515 (EPA File No. 261763). The EPL was varied by Notice 1068720 in February 2007 to allow for Part 2 of the development consent. No new infrastructure is required to operate at this capacity. The feedlot is currently licensed to operate at a maximum capacity of 6000 head.

 

MATTERS FOR CONSIDERATION

In accordance with Section 96(1A) of the Environmental Planning and Assessment Act 1979, the proposed modification is of minimal environmental impact and is substantially the same development for which consent was granted.

 

PROVISIONS OF ANY ENVIRONMENTAL PLANNING INSTRUMENT s79C(1)(a)(i)

 

Cabonne Local Environmental Plan 1991 (Amended)

The subject land is zoned 1(a) General Rural under the provisions of the Cabonne Local Environmental Plan 1991.  Intensive Livestock Keeping is permissible within this zone, subject to Council’s development consent. According to the LEP 1991 Intensive Livestock Keeping means a building or place in which or on which cattle, sheep, goats, poultry or other livestock are held for the purposes of nurturing by feeding method other than natural grazing, without limiting the generality of the foregoing, includes:

(a) Feedlots

(b) Piggeries

(c)  Poultry farms and

(d) Fish farming

The proposed modification will not have any adverse impacts, and does not affect the previous site assessment.

 

Objectives of the 1(a) zone

The proposal is not contrary to the aims of the LEP or the objectives of the 1(a) zone. The objective of this zone is to promote the proper management and utilisation of resources by:

-     encouraging the establishment of rural and related industries within the area to which the plan applies. 

The proposed modification is not considered to be inconsistent with the provisions of the LEP or the objectives of the 1(a) zone.

 

REGIONAL ENVIRONMENTAL PLANS

 

There are no Regional Environmental Plans that apply to the subject land.

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

Cabonne Council is identified within the SEPP 44 schedule as having koala habitat.  The applicant has not addressed the SEPP; however, the subject land is generally cleared and the proposed development will not impact upon any existing vegetation.  There are no known sightings of koalas in the locality, or sources of koala habitat.

 

State Environmental Planning Policy No. 30 – Intensive Agriculture (SEPP 30) applies to this development. This State Policy requires development consent for cattle feedlots in excess of 50 head. The feedlot has already been assessed under the provisions of SEPP 30 and granted development approval by Council. The proposed modification is not inconsistent with the provisions of SEPP 30. 

 

PROVISIONS OF ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT THAT HAS BEEN PLACED ON EXHIBITION s79C(1)(a)(ii)

Council’s Draft Local Environmental Plan 2012 is currently on public exhibition, and as such the draft is a matter for consideration. Under the Draft LEP 2012 the subject site is zoned RU1 Primary Production and Intensive Agriculture (cattle feedlot) is permissible with the consent of Council.

 

PROVISIONS OF ANY DEVELOPMENT CONTROL PLAN s79C(1)(a)(iii)

 

Development Control Plan No. 5 – General Rural Zones applies to this land. The objectives of the zone include:

-     To promote guidelines which are sufficiently flexible to encourage innovative and imaginative building and development while at the same time conserving the important natural assets of the General Rural Zones, and preserving the “right to farm” of existing agricultural establishments.

-     To enable other forms of development to be carried out on land within the General Rural Zones provided that such uses are in keeping with the rural character of the locality and are compatible with the existing or likely future rural land uses.

The modification is not inconsistent with the aims, objectives and provisions of DCP No. 5 – General Rural Zones.

 

PROVISIONS PRESCRIBED BY THE REGULATIONS s79C(1)(a)(iv)

The proposed modification does not contravene the relevant provisions of the regulations.

 

THE LIKELY IMPACTS OF THE DEVELOPMENT s79C(1)(b)

 

Context and Setting

The feedlot is licensed to hold 6000 head of cattle at any one time. Infrastructure and facilities consists of 50 cattle pens, induction yards, hospital yards, weighbridge and feed mill. The proposed modification will not alter the context or setting of the existing feedlot.

 

Noise and Vibration

The proposed modification will not result in an increase in the amount of noise that is generated at the site.

 

Access and Traffic

Access to the site is via Paytens Bridge Road. The proposed modification will not affect the previous site assessment for access or traffic. 

 

Safety, Security and Crime Prevention

The proposed modification will not pose a security risk to the surrounding area.

 

Site Design

The proposed modification will not alter the appearance of the site.

 

Waste

The proposal will not result in any increase in the generation of waste.

 

THE SUITABILITY OF THE SITE s79C(1)(c)

 

The subject site is zoned 1(a) General Rural under the Cabonne LEP 1991 and is located approximately 3 kms from the village of Eugowra and 30 kms from Forbes. The proposed modification will not impact on the original assessment of the suitability of the site for Intensive Livestock Keeping

 

Physical Attributes and Hazards

There are no known technological or natural hazards that would affect the proposed modification. 

 

DEVELOPMENT CONTRIBUTIONS

 

No contributions apply to the modified development.

 

ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT s79C(1)(d)

 

The proposed modified development was not required to be advertised.

 

 

Public Authority Consultant

The application was referred to the Environmental Protection Agency for comment and approval. Consultation with the EPA has indicated they have no objection to the proposed modification given the performance of the feedlot and lack of complaints over recent years.

 

Whilst not related to the EPA’s area of concern, the EPA does hope that the proposal to remove the requirements for shading will be fully assessed against all relevant livestock health and industry guidelines to ensure that the wellbeing of the livestock is not adversely impacted.

 

In addressing the EPA’s concerns’, it is suggested that Council endorse the Excessive Heat Loading Action Plan that also addresses animal welfare obligations.

 

PUBLIC INTEREST s79C(1)(e)

 

The proposed development is considered to be of minor interest to the wider public due to the relatively localised nature of potential impacts. 

 

CONCLUSION

The proposed modification refers to the Annual Environmental Management Report (AEMR) meeting and the provision of shade over the cattle pens. A Section 79C assessment has been undertaken and the proposed modification for DA 2001/242 is considered to be satisfactory. Attached is a Draft Notice of Approval outlining amendments that are considered appropriate to ensure that the development proceeds in an acceptable manner. The modification involves a change in the Annual Environmental Management Report meeting from annual to biennial and removing the requirement for Forbes Shire Council to attend the AERM meeting. The modification also includes amending Condition 31 SHADING to require the endorsement of the Excessive Heat Loading Action Plan.

 

 

 

ITEM 20 - WEST MOLONG - DEVELOPMENT CONTROL REVIEW

REPORT IN BRIEF

 

Reason For Report

For the determination of the council

Policy Implications

Council's Environmental Services Committee  have resolved to review the current policy applying to the West Molong Rural 1(c) zone and its restriction upon subdivision of land

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\LAND USE AND PLANNING\PLANNING\CABONNE LEP REVIEW - 334963

 

 

Recommendation

 

THAT subject to the outcomes of the servicing strategy review for the proposed R5 zone in West Molong, that further investigation be undertaken to determine development / landuse capabilities for land west of McGroder Street while maintaining a minimum 400m buffer to the existing quarry with a view to preparing a planning proposal to amend draft Cabonne LEP 2012 in support of the implementation of a reduced buffer zone where adequate development controls can be demonstrated.

 

Director of Environmental Services' REPORT

 

The Environmental Services and Sustainability Committee at its meeting of 6 August 2012 gave consideration to Development Application 2012/139 for a two lot subdivision of rural residential land described as Lot 1 DP 194963 being 51 McGroder Street, West Molong. The committee resolved as follows:

 

That council defer consideration of DA 2012/139 for a 2 lot subdivision on Lot 1 DP 194963, McGroder Street, Molong until a review of council’s existing moratorium is completed.

 

Background

 

The Environmental Services and Sustainability Committee at its meeting held on 6 April 2009 gave consideration to a proposed five lot subdivision of land  located on the eastern side of McGroder Street. The planning assessment identified a number of issues relating to the proposed development and it was recommended to approve 4 lots with the development triggering concerns for cumulative impact of future subdivision within this location due to issues relating to on-site waste disposal, environmental factors and the proximity to the operational limestone quarry.

 

The report in addressing the relationship of the subject land to the quarry  stated – ‘The proposal is within 1000metres of the Molong Limestone Quarry blasting operations. The Department of Primary Industries – Mineral Resources, have advised that a buffer zone of 1000m should be maintained for subdivision so as to reduce the impact on the long term viability of the quarry.

 

It is a concern that future subdivisions for residential purposes within the McGroder Street area of Molong may be impacted upon by future blasting from the Molong Limestone Quarry.

 

Future development such as new residential subdivisions and consequent dwellings within the 1 (c) area may also impact on the Council quarry which may lead to significant cost impacts on the quarry due to blasting impacts and risks. The long term viability of the quarry may well be threatened. This decision should be based on economic issues relating to a primary production business not merely that it is Council owned.

 

It is suggested a moratorium be placed on rural residential subdivision within 1000m of the quarry. This is roughly covering the entire 1(c) zone to the west of Molong’.

 

 The committee resolution to approve a 4 lot subdivision and to implement a policy to restrict subdivision but not development of existing allotments was adopted by council at the April Council meeting. The resolution included the following recommendation:

 

1.   Council adopt a policy suspending the subdivision of land within the 1(c) Zone that surrounds the Molong Limestone Quarry until such time the new Local Environmental Plan has been finalised and adopted

 

The above policy has been implemented since its adoption. The policy permits merit based assessment of development including dwellings upon existing lots in the West Molong area, but precludes further subdivision of those lots at this time.

 

It is clear from council’s previous resolutions through its Land Development, Quarry Review and its former LEP review committees that council has recognised issues relating to the proximity of rural residential land stock to the existing limestone quarry and have sought to reduce potential landuse conflict by utilising planning controls to enable an adequate buffer to be retained between the competing land uses.

 

Over the past three years the preparation of the draft Cabonne LEP and the preparation of the Molong Settlement Strategy has been carried out subsequently with the existing West Molong rural residential area proposed for Rural Residential (R5) zoning following the recommendations of the settlement strategy.

 

Consultation with relevant state agencies throughout the process has highlighted the need for council to consider a range of environmental and economic matters that are unique to the West Molong area. These relate to the need to ensure known mineral resources are protected to enable resource recovery, state requirements to protect railway corridors, need to minimize adverse impact upon residents and property by proximity to quarry and rail operations, need to protect groundwater resources from contamination, need to address land capability for on-site waste disposal and for further location of water bores.

 

The proposed zoning seeks to address the above issues while also identifying the land east of McGroder Street as potentially capable for further residential development conditional  upon investigations to determine if reticulated sewer can be provided to  this area. Land West of McGroder Street is proposed to maintain its existing lot yield. McGroder Street forms an identifiable boundary that also coincides with the internationally recognised general guideline of establishing a 500m buffer from quarry activity where blasting forms part of the operation.

 

The proposed zoning may enable subdivision of land east of McGroder Street with potential to yield up to 58 large lot residential lots. This land immediately adjoins the existing village zone and is likely to benefit from cost effective extensions of existing infrastructure services. Development of land within this area would provide adequate land supply for the immediate future of Molong.

 

The area west of McGroder Street retains some development opportunity utilising existing land titles with a possible 8 additional dwelling lots.  The development application for 51 McGroder Street raises landowners concerns regarding future development of this area as well as challenging the local and state agency assessment of landuse conflict and environmental management. The question as to the need for an adequate buffer to the quarry has been raised. There is no absolute standard for such buffers. It is generally accepted that a 1km buffer should be maintained around a mine or quarry site, and that a 500m exclusion zone should apply in proximity to mining operations where blasting is part of the process. The figure of 500m is subjective and a lesser buffer may be as effective in some instances. The argument put by the applicant is that the West Molong quarry operations are moving westerly away from the McGroder Street area thereby reducing the potential for landuse conflict or environmental impact. Where a reduced buffer can be supported a lesser distance of 400m may be an acceptable alternative (this would require support from the relevant state government departments)

 

Arising from the community interest in the West Molong precinct Council may consider further strategic development investigation of the area west of McGroder Street to establish potential to implement a reduced buffer zone. Should the area immediately adjacent to McGroder Street be capable of economic connection to reticulated sewer, and adequate building controls be proposed to address environmental and landuse planning issues, a planning proposal could be prepared seeking to amend the Cabonne LEP.  The review may consider reducing the 500m buffer to 400m thus enabling limited subdivision and development directly fronting McGroder Street and also along Packham Way near its intersection with McGroder Street.   This reduction in buffer area may yield an additional 6 dwelling sites, with a cumulative impact of 14 potential additional residential lots west of McGroder Street.

 

The review of development standards can be undertaken as part of council’s ongoing strategic work to regularly review and amend the new LEP. Council would be aware that the release of land should be in an orderly manner to enable economic and cost effective extension of services. In this regard the proposal to develop land east of McGroder Street adjacent to the town is the principle proposal endorsed by the new LEP. Any further release of land needs to take into account these factors plus local demand and supply analysis.

 

 

 

 

ITEM 21 - POSSIBLE PURCHASE OF RAILWAY LAND FOR GASOMETER DISPLAY

REPORT IN BRIEF

 

Reason For Report

To investigate options regarding possible land acquisition

Policy Implications

Nil

Budget Implications

Yes

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\ACQUISITION AND DISPOSAL - 334965

 

 

Recommendation

 

THAT Council investigate options regarding the possible acquisition of railway land in Watson Street north of its intersection with Euchareena Road for recreational use including interpretation of Molong Gasworks history.

 

 

Senior Environmental Services Officer REPORT

 

At its meeting held 19 December 2011 Council passed a motion that negotiations be entered into with the ARTC in regards to leasing a parcel of railway land adjacent to the Molong Creek and Mitchell Highway for the purpose of erecting the gasometer girder structure as a heritage tourist display. It was resolved that Council negotiate a 5 year lease with a limit of expenditure to the value of $3,470. Preliminary discussions with the ARTC had indicated a lease fee of $550 per annum.

 

In January 2012 the John Holland Group (JHG) had taken over the rail infrastructure and as such has taken some time for that organisation to assess the statewide infrastructure which they had inherited. It has also been advised that approval is required from Transport NSW.

 

During the course of negotiations two issues have been raised:

 

1.   Should Council enter into a lease, then there must first be explicit acknowledgment that Council would remove at its cost Council’s installations in the event of a sale to another party

 

2.   Whether Council wish to purchase the land

 

The subject land is floodprone  and is further restricted as RMS will not permit vehicular access to/from the Mitchell Highway due to the proximity of the sharp speed-limited bend. Acquisition of the site however may provide opportunity to Council to facilitate flood mitigation measures as well as enhancing the bicycle path located within the area.

 

 

ITEM 22 - DEVELOPMENT APPLICATION 2012/65 - SEPP 1 OBJECTION - SUBDIVISION LOT 108 DP 876024 AND LOT 2 DP 884022, 523 GRIFFIN ROAD, BORENORE

REPORT IN BRIEF

 

Reason For Report

To inform Council of Department of Planning's decision regarding this matter.

Policy Implications

Nil

Budget Implications

Nil

Annexures

1.  Response from Planning & Infrastructure    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2012\03-2012-0065 - 334376

 

 

Recommendation

 

THAT Council refuses development application DA 2012/65 for proposed subdivision (two lot boundary adjustment) at Lot 108 DP 876024 and Lot 2 DP 884022 – 523 Griffin Road, Borenore on the following grounds:

 

a)   Creation of this subdivision will diminish the potential of one of the allotments to be used for sustainable agriculture (Clauses 10 and 11 – Cabonne LEP 1991)

b)   The proposal is contrary to the intent for the zone

c)          The proposal will alter the existing rural function of the land, and

d)   The SEPP1 objection was not granted by the Director General of the Department of Planning and Infrastructure.

 

 

Director of Environmental Services' REPORT

 

As a result of the following motion passed at the February 2012 Council meeting  Development Application 2012/65 for proposed subdivision (two lot boundary adjustment) at Lot 108 DP 876024 and Lot 2 DP 884022- 523 Griffin Road, Borenore was referred to the Department of Planning & Infrastructure for concurrence.

 

“THAT Council support the SEPP 1application for DA 2012/65 for proposed subdivision (two lot boundary adjustment) at Lot 108 DP 876024 and Lot 2 DP 884022- 523 Griffin Road, Borenore and refer the subdivision to the Department of Planning.”

 

Council has received the attached correspondence from the Department of Planning & Infrastructure stating that “the Director General’s concurrence for the SEPP 1 Objection is not granted for the following reasons:

 

·    SEPP 1 is for exceptional circumstances and the application has not demonstrated that the development standard is unreasonable or unnecessary in this case.

·    The intent of SEPP 1 is not to facilitate the creation of additional dwelling entitlements which the proposed subdivision (boundary adjustment) will create for Lot 2 DP 884022 (proposed Lot 10)

·    The addition of a new dwelling entitlement would create further opportunities for land use conflict in the area.

·    The existing and future agricultural productivity of Lot 108 DP 876024 will be compromised by the loss of land.

·    Concurrence would set an undesirable precedent relating to the subdivision of rural land for the purpose of creating an additional dwelling entitlement.

·    No unique circumstances surround the application and concurrence would set an undesirable precedent for surrounding rural lots.”

 

 

ITEM 23 - BUSINESS PAPER ITEMS FOR NOTING

REPORT IN BRIEF

 

Reason For Report

Provides an opportunity for Councillors to call items for noting for discussion and recommends remainder to be noted.

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 334925

 

 

Recommendation

 

THAT:

1.  Councillors call any items they wish to further consider.

2.  The balance of the items be noted.

 

General Manager's REPORT

 

In the second part of Council’s Business Paper are items included for Council’s information.

 

In accordance with Council’s format for its Business Paper, Councillors wishing to discuss any item are requested to call that item.

 

 

ITEM 24 - QUESTIONS FOR NEXT MEETING

REPORT IN BRIEF

 

Reason For Report

To provide Councillors with an opportunity to ask questions/raise matters which can be provided/addressed at the next Council meeting

Policy Implications

Consistent with Council's Meeting Practice Poilcy

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\NOTICES - MEETINGS - 334926

 

 

Recommendation

 

THAT Council receive a report at the next Council meeting in relation to questions asked / matters raised where necessary.

 

 

Administration Manager's REPORT

 

A call for questions for which an answer is to be provided if possible or a report submitted to the next Council meeting.

 

 

   


Item 6 Ordinary Meeting 20 August 2012

Item 6 - Annexure 1

 






















Item 6 Ordinary Meeting 20 August 2012

Item 6 - Annexure 2

 





Item 7 Ordinary Meeting 20 August 2012

Item 7 - Annexure 1

 




Item 8 Ordinary Meeting 20 August 2012

Item 8 - Annexure 1

 






Item 9 Ordinary Meeting 20 August 2012

Item 9 - Annexure 1

 




Item 10 Ordinary Meeting 20 August 2012

Item 10 - Annexure 1

 





Item 11 Ordinary Meeting 20 August 2012

Item 11 - Annexure 1

 








Item 16 Ordinary Meeting 20 August 2012

Item 16 - Annexure 1

 

 

30 July 2012

 

 

 

The Hon. Barry O’Farrell, MP

Premier

Minister for Western Sydney

Level 40 Governor Macquarie Tower

1 Farrer Place

SYDNEY  NSW  2000

 

 

Dear Premier

 

Re: Option of Advertising by Electronic Means

 

Council is aware that the State Government will be undertaking a review of the Local Government Act in the near future and resolved at its Meeting on 16 July 2012 to make representations to you on the requirements placed upon Local Government in various Acts and Regulations with regards to advertising.

Councils are required under various Acts and Regulations to advertise in local and metropolitan newspapers on the adoption of policies, tenders, granting of leases and licenses, job advertisements, fees and charges, financial statements and development application consents to name a few.

The cost of regularly placing advertisements in newspapers is considerable and a large financial burden for councils. In an age where, increasingly, people are turning more and more to the internet for information and news, it is not conducive to achieving the aims and objectives of public notification, to continue to insist on advertising only in newspapers. In addition, the use of electronic consultation methods by councils in the last 5 years has increased the number of submissions received and increased community participation in decision making.

Council respectfully requests that in the review of the Local Government Act, the State Government give consideration to amending the Act to give Councils the option of using either electronic means or a newspaper to place advertisements.

 

 

Yours sincerely



Peter Brown

General Manager


Item 17 Ordinary Meeting 20 August 2012

Item 17 - Annexure 1

 


Item 18 Ordinary Meeting 20 August 2012

Item 18 - Annexure 1

 




































Item 19 Ordinary Meeting 20 August 2012

Item 19 - Annexure 1

 

 

CONDITIONS OF APPROVAL

 

 

 

EXPLANATION

 

This development  consent  comprises  two parts.   The development  is to be carried out in two stages as described below.

 

Part 1 - Stage 1 - 4000 head of cattle feedlot and associated infrastructure, (Conditions 1-31).

 

Part 2 - Stage 2 - Deferred Commencement in relation to that part of the proposal to increase the stocking rate from 4000 head to 6000 head (Conditions 1-32).

 

PART 1 OF CONSENT

 

This relates to Stage 1 of the consent to do with the construction and stocking of the feedlot to 4000 head including roads, effluent/stormwater management systems, landscaping and solid waste management.

 

 

1. DEVELOPMENT IN ACCORDANCE WITH PLANS Objective

To ensure the development proceeds in the manner assessed by Council.

 

Performance

 

Development  is to take place in accordance  with the attached stamped plans (Ref  No  2001/242)  and  documentation  submitted  with  the  application  and subject to the conditions below, to ensure the development  is consistent with Council's consent.   NOTE:   Any alterations to the approved development application plans must be clearly identified WITH THE APPLICATION FOR A CONSTRUCTION CERTIFICATE.   The Principal Certifying Authority for the project may request an application for modification of this consent or a new application in the event that changes to the approved plans are subsequently made  will  be  subject  to  an  application  to  modify  the  development  consent under S 96 of the Environmental Planning and Assessment Act, 1979, as amended and will be subject to a separate fee.


Item 19 Ordinary Meeting 20 August 2012

Item 19 - Annexure 1

 

 

 

 

 

 

2.          APPOINTMENT OF PRINCIPAL CERTIFYING AUTHORITY Objective

To   ensure   compliance   with   s81A   of   the   Environmental   Planning   and

Assessment Act 1979 as amended.

 

Performance

 

The  person  having  the  benefit  of  this  consent  must  appoint  a  Principal Certifying Authority for the development, pursuant to Section 81A of the Environmental Planning and Assessment Act 1979, as amended and advise Council in writing of that appointment BEFORE WORKS COMMENCE.

 

That  Certifying  Authority   may  be  the  Council,  or  an  Accredited   Certifier appointed  under  the  Act.    The  required  written  notice  to  Council  may  be satisfied by supplying  a copy of the Application for a construction  Certificate (Form  11)  under  the  Environmental  Planning  and  Assessment  Regulation

1994,  as amended  and must  include  the name,  contact address,  telephone

and accreditation numbers of the selected Certifying Authority.

 

The Principal Certifying Authority and any other Certifiers appointed by that Authority will  be responsible  for the  post-consent  certification  of the development.  Copies of all certification is to be submitted to Cabonne Council referenced by the Development Application Number.

 

3.         APPLICATION FOR CERTIFICATION Objective

To satisfy the post-consent requirements of this Development Consent, and to comply with S.109 of the Environmental Planning and Assessment Act 1979, as amended.

 

Performance

The person having the benefit of this consent is required to apply for a: CONSTRUCTION  CERTIFICATE  to satisfy the requirements  of Conditions  4,

5 stages 1A, 18, 1C, 9,10 &  13

COMPLIANCE  CERTIFICATE  to satisfy the requirements of Conditions 9, 10,

16,13,18,29

OCCUPATION  CERTIFICATE  to  satisfy  the  requirements  of  Conditions  (5 stages 1a, 1band 1c) 6,17.


Item 19 Ordinary Meeting 20 August 2012

Item 19 - Annexure 1

 

 

 

4.         INTEGRATED DEVELOPMENT Objective

To ensure that the development  is carried out in accordance with the General Terms of Approval issued by the Department of Land and Water Conservation and Environment Protection Authority.

 

Performance

 

Prior to the issue  of a Construction  Certificate,  the applicant  shall  furnish a copy of the following documents to Council:-

 

1.        An industrial use licence issued under Part V of the Water Act 1912 by the Department of Land and Water Conservation,  for part of the existing surface water extraction licence.

2.         An   Environmental   Protection   Licence   to   carry   out   scheduled development work issued by the Environment Protection Authority under the Protection of the Environment Operations Act 1997.

3.        A licence from Department of Land and Water Conservation for the construction of the water pipe line over the crown public road.

 

5.         DEVELOPMENT STAGING Objective

To ensure that the development  is carried out in a manner  as determined by

Council.

 

Performance

 

The proposed  development  shall be carried out in two stages subject to the licensing requirements of EPA and DLWC and conditions of this consent.

 

Stage 1 -         Maximum  capacity  of  4000  head,  stocking  density  of  23  sq metre per head;

 

Stage 1(a)

 

All temporary erosion and sediment control structures installed;

All     feedlot     earthworks     including     pen   foundations,     drains,     roads, sedimentation basin, holding pond and manure stockpile area;

Irrigation area established with irrigation mains and pump station;

Access road constructed;

Upper  row  of  16  pens  established  with  fences,  hospital  pens,  feed troughs and water troughs;


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);;>     Existing cattle  yards  (located to  the  west  of  the  proposed  feedlot)

utilised with a temporary cattle race connecting them to the feedlot;

);;>       Existing feed facilities utilised (ie feed mill, feed preparation area and storage).  Feed transported from the existing feed preparation area to the new feedlot site; and

);;>       Trees planted along Paytens Bridges Road.

 

Following stocking of Stage 1(a), the existing feedlot would be closed and rehabilitated.

 

 

Stage 1(b)

 

);;>       Middle row of 16 pens constructed with fences, hospital pens, feed troughs and water troughs;

);;>     New cattle induction facility constructed;

);;>        New feed mill processing area constructed including feed mill, grain storage, feed additives storage and loading I unloading areas; and

);;>       Temporary cattle race from cattle yards decommissioned.

 

Stage 1(c)

 

);;>        Final  row  of  16  pens  constructed with  fences,  hospital  pens,  feed troughs and water troughs; and

);;>       Construct weighbridge and office facility.

 

Total of 48 pens available for use.

 

Stage 2-     Maximum capacity of  6000  head,  stocking density  of  15.6sq metre per head subject to the extension of the EPA licence. (Deferred Commencement see Condition 33).

 

6.         COMPLIANCE WITH CONDITIONS OF CONSENT Objective

To ensure that the development proceeds in the manner as determined by

Council.

 

Performance

 

All  conditions of  this  development  consent in  terms of  staging are  to  be complied with to the standards specified prior to occupation.


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7.        GENERAL TERMS OF APPROVAL FROM EPA

 

Objective

To ensure that the proposed development is operated in a manner consistent with  the  general  terms  of  approval   issued  by  the  Environment  Protection Authority.

 

Performance

 

The applicant  shall make application to the Environment Protection  Authority for  an  Environmental  Protection  Licence  to  carry  out  a  scheduled development  under the Protection  of the Environment  Operations  Act 1997. The development  shall be carried out in accordance   with the General Terms of Approval issued by the EPA as outlined below.

 

General Terms of Approval- EPA. ADMINISTRATIVE CONDITIONS

Note: Mandatory conditions for all general terms of approval. A1. Information supplied to the EPA

A1.1  Except as expressly provided by these general terms of approval, works and activities must be carried out in accordance  with the proposal contained

in:

    the  development  application  DA  2001 I  0242  submitted  to  Cabonne

Council on 5 May 2001;

    any environmental  impact  statement  Environmental  Impact  Statement For The Proposed Relocation And Expansion On "Gundamain" Cattle Feedlot, dated April 2001 relating to the development; and

    all  Additional   documents   supplied   to  the   EPA  in  relation  to  the development.

 

A2. Fit and Proper Person

 

A2.1    The  applicant  must,  in  the  opinion  of  the  EPA.  be  a  fit  and  proper person to hold a licence under the Protection of the Environment  Operations Act 1997, having regard to the matters in s.83 of the Act.

 

Limit conditions

 

L1. Pollution of waters

L1.1   Except as may be expressly provided by a licence under the Protection of the Environment Operations Act 1997 in relation of the development section

120  of  the  Protection  of  the  Environment   Operation  Act  1997,  must  be complied with in and in connection with the carrying out of the development.


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L2. Animal numbers

 

L2.1   The number  of cattle permitted  to be housed  in the feedlot  must not exceed  4000  head.    The  applicant  may  make  application  to  the  EPA  to increase feedlot numbers to a maximum of 6000 in accordance with the ambit of the self-imposed  constraints  the applicant  has  applied  in the EIS for the project.

 

L3.Pondage

 

L3.1  The following units must be constructed so that the floors and I or walls of:-

    feedlot pens

    effluent ponds

    composting areas

    manure storages

 

have a permeability of not more than 1 x 1o-9   m/s of one metre of compacted clay or equivalent.

A suitably qualified engineer  must certify that the .above  permeability's  have been achieved.

 

L3.2   To cater for antecedent  rainfall, pondage  must be designed  to handle wet weather runoff using a runoff coefficient of 1.0 and capable of containing a 1 in 50-year storm of 24-hour duration.

 

L4. Waste

 

L4.1   The  licensee  must  not  cause,  permit  or  allow  any  waste  generated outside the premises to be received at the premises for storage, treatment, processing,  reprocessing  or disposal or any waste generated at the premises to be disposed of at the premises, except as expressly permitted by a licence under the Protection of the Environment Operations Act 1997.

 

L4.2   This condition only applies to the storage, treatment, processing, reprocessing or disposal of waste at the premises if it requires an environment protection  licence  under  the  Protection  of  the  Environment  Operations  Act

1997.

 

L5.1  Noise limits

 

L5.1  Noise from the premises must not exceed:

    an LA10(1s    minute)   noise emission criterion of 45 dB(A) (?am to 6pm) on any day; and

    an LA10(1s  minute)    noise emission criterion of 35 dB(A) during the evening

(6pm to 1Opm) on any day; and

    at all other times, an LA10(1s  minute)   noise emission  criterion of 35dB(A), except as expressly provided by these general terms of approval.


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L5.2  Noise  from  the  premises  is  to  be  measured  at  the  nearest  or  most affected residence to determine compliance with this condition.

 

Definition

LA10(15 minute)    is the sound pressure level that is exceeded for 10% of the time when measured over a 15-minute period.

 

Note: Noise measurement

For the purpose of noise measures required for this condition, the LA1o    noise level  must  be  measured  or  computed  over  a  period  of  15  minutes  using "FAST" response on the sound level meter.

For the purpose of the noise criteria for this condition, 5dBA must be added to the measured level if the noise is substantially tonal or impulsive in character. Measurement locations can be:

    1 metre from the fac;ade of the residence for night time assessment;

    at the residential boundary;

    30 metres from the residence (rural situations) where boundary is more than 30 metres from residence.

 

L5.3 The noise emission limits identified in L5.1   apply for prevailing meteorological conditions (winds up to 3m/s), except under conditions of temperature inversions.   Noise impacts that may be enhanced by temperature inversions must be addressed by:

 

documenting noise complaints received to identify any higher level of impacts or patterns of temperature inversions;

where levels of noise complaints indicate a higher level of impact than actions to   quantify   and   ameliorate   any   enhanced   impacts   under   temperature inversions conditions should be developed and implemented.

 

Hours of operation

 

L5.4  All construction work at the premises must only be conducted between Monday to Friday, 7 am to 6 pm, Saturday, 7 am to 1 pm, no time Sundays and Public Holidays.

L5.5 Activities at the premises,  other than construction work, may be carried

at any time.

L5.6   This  condition  does  not apply  to the  delivery  of material  outside  the hours  of  operation  permitted  by  condition  L5.4  or  L5.5  if  that  delivery  is required  by  police  or  other  authorities  for  safety  reasons;  and  I  or  the operation of personnel or equipment are endangered.   In such circumstances, prior  notification  is provided  to the  EPA and  affected  residents  as soon as possible, or within a reasonable period in the case of emergency.

L5.7   The hours of operation  specified  in conditions  L5.4  and L5.5 may be varied  with  written  consent  if  the  EPA  is  satisfied  that  the  amenity  of  the residents in the locality will not be adversely affected.


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Operating conditions

 

01. Odour

01.1     Within  14  days  of  rece1v1ng  written  notification  from  the  EPA  that offensive odours are being generated from the feedlot complex, the applicant must destock  the feedlot by 50%.    Following  further written notification that this measure has failed to ameliorate the offensive odour, the applicant must

continue to destock at a rate of 50% for each notification.

 

01.2    Restocking  shall only be permitted following the written advice of the

EPA.

 

01.3    In addition to destocking, the EPA may require, by written notification, each or all of the following measures to be carried out within 14 days: -

    Collection  and  immediate  offsite  removal  of  manure  accumulated  in feedlot pens.  It must not be stockpiled on the premises.

    Offsite removal of any manure stored on the premises.

    Offsite removal of any compost material on the premises.

    Removal  of any  effluent  and I or  sludges  in the  pondage  system or drainage network of the site.

 

Note:  The premises and on site includes both "Gundamain" and "Springfield".

02.  Dust

02.1 Activities occurring at the premises must be carried out in a manner that will minimise emissions of dust from the premises.

02.2   Trucks entering and leaving the premises that are carrying loads must

be covered at all times, except during loading and unloading.

 

03. Stormwater/sediment control - Construction Phase

03.1    Soil and Water Management Plan (SWMP) must be prepared and implemented.   The plan must describe the measures that will be employed to minimise  soil erosion  and the discharge  of sediment  and other pollutants  to lands and I or waters during construction activities.  THE SWMP should be prepared  in  accordance  with  the  requirements  for  such  plans  outlined  in Managing Urban Stormwater; Soils and Construction (available  from the Department of Housing).

 

04.  Stormwater/sediment control - Operation Phase

04.1       Stormwater   Management   Scheme   must   be   prepared   for  the development and must be implemented Implementation of the Scheme must mitigate  the  impacts  of  stormwater  run-off  from  and  within  the  premises following the completion of construction activities.   The Scheme should be consistent with the Stormwater Management  Plan for the catchment.  Where a Stormwater Management Plan has not yet been prepared the Scheme should be consistent with the guidance contained in Managing Urban Stormwater: Council Handbook (available from the EPA)


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05. Maintenance of feedlot pens

05.1   The feedlot pen surface must be maintained to prevent infiltration.

 

06. Solids storage

06.1   Manure, compost and sludges must be stored on an impermeable  pad within the feedlot effluent collection area.

 

07.   Manure application

07.1   Manure applied to the utilisation areas must be incorporated into the soil within 36 hours of being applied.

 

08.   Effluent Utilisation Areas

08.1   Effluent must only be applied to the effluent utilisation areas.

08.2    Spray from effluent application  must not drift beyond  the boundary  of the effluent utilisation area to which it is applied.

08.3     Effluent  application  must  not  occur  in a manner  that  causes  surface

runoff.

08.4     Spray from effluent application  must not drift beyond  the boundary  of the premises.

09.   Separation Distances

 

09.1     For  each  manure  and  effluent  application  area  the  following  buffer zones must be maintained:-

Protected Area

Minimum width of buffer zone (m)

Surface waters

50

Farm dams

20

Drinking water bores

250

Other bores

50

Farm driveways &  fence lines

5

Native    forests     &      other     significant

vegetation types

10

Animal enclosures

25

Occupied dwelling

50

Residential zone

250

 

010. Management of utilisation area

010.1    The quantity of effluent/solids  applied to the utilisation  area must not exceed the capacity of the area to effectively utilise the effluent/solids.

For the purpose of this condition, "effectively utilise" include the use of the effluent/solids for pasture or crop production, as well as the ability of the soil to absorb the nutrient, salt, hydraulic load and organic material.

 

012   Retention of utilisation area

012.1 At least 14 days prior to an utilisation area being offered for sale, being disposed  of  or  otherwise  rendered   unavailable  for  use  the  EPA  must  be advised in writing of this intention.


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013  Top Soil

013.1  Topsoil removed from excavations must be stockpiled and maintained in ecologically active state for future rehabilitation activities.

 

013.2    Topsoil removed  during  pipeline  excavations  must be kept separate from sub soils.  The topsoil must be replaced last and used to rehabilitate the excavated areas.

 

M1 Monitoring records

M1.1   The results of any monitoring required to be conducted by the EPA's general   terms   of   approval,   or    licence   under   the   Protection   of  the Environment Operations Act 1997, in relation to the development or in order to comply  with the load calculation protocol must be recorded  and retained as set out in conditions Mq.2 and M1.3.

 

M1.2  All records required to be kept by the licence must be:

in legible form, or in a form that can readily be reduced to a legible form;

kept for at least 4 years after the monitoring or event to which they relate took place; and

produced  in a legible form to any authorised officer of the EPA who asks to

see them.

M1.3  The following records must be kept in respect of any samples required to be collected: the date(s) on which the sample was taken;

the time(s) at which the sample was collected;

the point at which the sample was taken; and

the name of the person who collected the sample.

 

M2. Requirement to monitor concentration of pollutants discharged

M2.   For each monitoring/discharge  point or utilisation  area  specified below (by  a point  number),  the licensee  must monitor (by sampling  and obtaining results by analysis) the concentration of each pollutant specified in Column 1. The licensee must use the sampling method, units of measure, and sample at the frequency, specified opposite in the other columns.

 

Point 1 Effluent

Pollutant

Units                   of

measure

Frequency

Sampling

Method

BOD

mg/L

Every 3 months

Grab sample

TN

mg/L

Every 3 months

Grab sample

TP

mg/L

Every 3 months

Grab sample

TDS

mg/L

Every 3 months

Grab sample

TSS

mg/1

Every 3 months

Grab sample


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Point 2 Utilisation areas

 

Pollutant

Units                   of

measure

Frequency

Sampling

method

Available P

mg/kg

Every 12 months

as M4.3

Exch sodium

mequiv

Every 12 months

as M4.3

Exch calcium

mequiv

Every 12 months

as M4.3

Exch magnesium

mequiv

Every 12 months

as M4.3

Exch potassium

mequiv

Every 12 months

as M4.3

Chloride

mg/kg

Every 12 months

as M4.3

PH

 

Every 12 months

as M4.3

CEC

mequiv

Every 12 months

as M4.3

ESP

%

Every 12 months

as M4.3

cond.

uS/em

Every 12 months

as M4.3

N03-N

mg/kg

Every 12 months

as M4.3

WSA

%

Every 3 years

as M4.3

TN

mg/kg

Every 3 years

as M4.3

TP

mg/kg

Every 3 years

as M4.3

TOC

mg/kg

Every 3 years

as M4.3

PSC

mg/kg

Every 3 years

as M4.3

 

Point 3 Groundwater

 

Pollutant

Units                   of

measure

Frequency

Sampling

Method

N03-N

mg/L

Every 6 months

grab sample

Cond.

US/em

Every 6 months

grab sample

PH

 

Every 6 months

grab sample

SWL

Metre

Every month

grab sample

 

Note:    The  number  and  position  of  groundwater  sampling  bores  must  be made  in conjunction  with the  Department  of Land  and Water  Conservation. The sampling bores will be required, at least, at the following localities:-

    Feedlot pens

    Manure storage areas

    Composting areas

    Pondage areas

    Effluent and manure utilisation areas.

 

M3 Requirement to monitor volume or mass

M3.1     For  each  discharge   point  or  utilisation  area  specified  below,  the licensee must monitor:

(a)        the volume of liquids discharged to water or applied to the area; (b)       the mass of solids applied to the area;

(c)        the mass of pollutants emitted to the air,


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over the interval, at the frequency and using the method and units of measure, specified below.

 

Point

Interval for

Frequency

Units            of

Measure

Sampling

Method

1

Continuous

Yearly

KL

Pump           run

metre

2

Each

application

Yearly

Kg

Weighbridge

 

 

M4. Testing methods- concentration limits

M4.1  Monitoring for the concentration of a pollutant emitted to the air required to be conducted by the EPA's general terms of approval, or a licence under the Protection of the Environment Operations Act 1997, in relation to the development  or in order  to comply  with a relevant  local calculation  protocol must be done in accordance with:

any methodology  which  is required  by or  under  the POEO  Act 1997  to be used for the testing of the concentration of the pollutant; or

if no such requirement is imposed by or under the POEO Act 1997, any methodology which the general terms of approval or a condition of the licence or the protocol (as the case may be), any methodology approved in writing by the EPA for the purposes of that testing prior to the testing taking place.

Note:  The Clean Air (Plant and Equipment) Regulation 1997 requires testing for  certain  purposes  to  be  conducted  in  accordance   with  test  methods contained in the publication "Approved Methods for the Sampling and Analysis of Air Pollutants in NSW".)

 

M4.2.   Monitoring for the concentration of a pollutant discharged  to waters or applied  to  a  utilisation  area  required  by  condition  M3  must  be  done  in accordance with:

the Approved Methods Publication; or if there is no methodology required by the Approved Methods Publication  or by the general terms of approval or in the licence under the Protection of the Environment

 

Operations  Act  1997  in  relation  to  the  development   or  the  relevant  load calculation protocol, a method approved by the EPA in writing before any tests are conducted,

unless otherwise expressly provided in the licence.

 

M5 Requirement to monitor weather

M5.1.   For each monitoring specified below (by a point number), the licensee must monitor (by sampling and obtaining results by analysis) each weather parameter  specified  in  Column   1.    The  licensee  must  use  the  sampling method, units of measure, and sample at the frequency, specified opposite in the other columns:


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Parameter

Units                  of

Measure

Frequency

sampling

Method

Air temperature

 

Continuous

Instrumental

Wind direction

 

Continuous

Instrumental

Wind      speed     or

run

m/sec

Continuous

Instrumental

Evaporation

mm

Monthly

Measurement

 

 
Weather

 

 

oc

 

 

 

 

 

 

 

 

M6  Disposal of manure from the premises

M6.1  If manure are removed from the premises, the licensee must record the

(a)        date,

(b)        estimated weight of manure,

(c)        and the identity of the person removing the manure.

 

R1. Reporting conditions

Note:  Mandatory condition to be used on all general terms of approvals.

R1.1   The applicant must provide an annual return to the EPA in relation to the development as required by any licence under the Protection of the Environment Operations Act 1997 in relation to the development.  In the return the  applicant  must  report  on  the  annual  monitoring  undertaken  (where  the activity  results  in  pollutant  discharges),  provide  a  summary  of  complaints relating to the development, report on compliance with licence conditions and provide a calculation of licence fees (administrative  fees and, where relevant, load based fees) that are payable.   If load based fees apply to the activity the applicant will be required to submit load-based fees) that are payable.   If load based fees apply to the activity the applicant will be required to submit load­ based fee calculation worksheets with the return.

 

R4 Monitoring report

R4.1.     The  licensee  must  supply  with  the  Annual  Return  a  report,  which provides:


(a) (b)


an analysis and interpretation of monitoring results and actions to correct identified adverse trends.


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General Conditions

G1.  Community liaison

G1.1    The applicant must establish a community environment liaison committee, comprising representatives of the community and the applicant that will meet at least quarterly.  Discussion at the meetings must include implementation of the development consent and other statutory approvals, and provide adequate time for the community to raise matters of concern associated with the environmental impact of the development, with a view to achieving mutually satisfactory solutions.

 

G2  Annual Environmental Management Report

G2.1    The  applicant must hold an  Annual Environmental Report (AEMR)

meeting.        The  AMER  must  be  prepared  and  presented to  the  relevant authorities at least one month prior to the meeting.

 

GJ. Management protocols and/or plans

G3.1  The applicant must prepare the following protocols and/or plans:-

                         sampling of surface and groundwater and utilisation area soils

                         effluent management

                         manure management

                         farm management

                         mass disposal

                         mortuary

                         decommissioning for old and proposed facilities

                         remediation for old and proposed facilities.

 

G4. Signage

G4.1        Each monitoring and discharge point must be clearly marked by a sign that indicates the EPA point identification number.

 

G5. licensing

G5.1   The applicant must obtain a licence from the EPA before carrying out any works on the premises in relation to the proposed feedlot or ancillary

activities.

ADMINISTRATIVE CONDITIONS Other activities

(To be used on licences with ancillary activities)

This licence applies to all other activities carried on at the premises.

 

OPERATING CONDITIONS

 

Activities must be carried out in a competent manner

 

Licensed activities must be carried out in a competent manner.

              This includes:

 

(a) the  processing,  handling,  movement  and  storage  of  materials  and substances used to carry out the activity; and

 

(b) the              treatment,     storage,     processing,     reprocessing,     transport     and disposal of waste generated by the activity.

 

Maintenance of plant and equipment

 

 

             All plant and equipment installed at the premises or used in connection with the licensed activity:

 

(a) must be maintained in a proper and efficient condition; and

(b) must be operated in a proper and efficient manner.

MONITORING AND RECORDING CONDITIONS Recording of pollution complaints

The licensee must keep a legible record of all complaints made to the licensee

or any employee or agent of the licensee in relation to pollution arising from any activity to which this licence applies.

             The record must include details of the following: (a) the date and time of the complaint;

(b) the method by which the complaint was made;

 

(c)any  personal  details  of  the  complainant  which  were  provided  by  the complainant or, if no such details were provided, a note to that effect;

 

(d) the nature of the complaint;

 

(e) the action taken by the licensee in relation to the complaint, including any follow-up contact with the complainant; and

 

(f) if no action was taken by the licensee,  the reasons why no action was taken.

 

The  record  of  a  complaint  must  be  kept  for  at  least  4  years  after  the complaint was made.

 

The record  must be produced  to any authorised  officer of the EPA who asks to see them.

 

Telephone complaints line

 

The   licensee   must  operate   during   its  operating   hours   a  telephone complaints line for the purpose of receiving any complaints from members of the public in relation to activities conducted at the premises  or by the vehicle or mobile plant, unless otherwise specified in the licence.

The  licensee  must  notify  the  public  of  the  complaints  line  telephone

number  and  the  fact  that  it  is  a  complaints  line  so  that  the  impacted community knows how to make a complaint.

 

This  condition  does  not  apply  until  3  months  after  this  condition  takes effect.

 

 

 

REPORTING CONDITIONS Annual Return Documents

What documents must an Annual Return contain?

             The licensee must complete and supply to the EPA an Annual Return in the approved form comprising:

 

(a)  a Statement of Compliance; and

(b) A Monitoring and Complaints Summary.

 

A copy of the form in which the Annual Return must be supplied to the EPA accompanies  this licence.   Before the end of each reporting period, the EPA will provide  to the licensee  a copy of the form that must be completed  and returned to the EPA.

 

Period covered by Annual Return

 

An Annual Return must be prepared in respect of each reporting, except as provided below

Note:  The term "reporting period" is defined in the dictionary at the end of this licence.  Do not complete the Annual Return until after the end of the reporting period.

 Where this licence is transferred from the licensee to a new licensee,

 

(a)  the transferring licensee must prepare an annual return for the period commencing on the first day of the reporting period and ending on the date the  application  for  the  transfer  of  the  licence  to  the  new  licensee  is granted; and

(b) the  new  licensee   must  prepare   an  annual   return  for  the   period commencing on the date the application for the transfer of the licence is granted and ending on the last day of the reporting period.

 

Note:        An  application   to  transfer   a  licence   must  be  made  in  the approved form for this purpose.

 

              Where  this licence  is surrendered  by the licensee  or revoked  by the EPA or Minister, the licensee must prepare an annual return in respect of the period commencing on the first day of the reporting period and ending on

 

(a)      the transferring licensee must prepare an annual return for the period commencing  on the first day of the reporting period and ending on the date the application for the transfer of the licence to the new licensee is granted; and

 

(b)      the   new  licensee   must  prepare   an  annual   return  for  the   period commencing  on  the  date  the  application  for  the  transfer  of  the  licence  is granted and ending on the last day of the reporting period.

 

Note:  An  application to transfer a licence must be made in the approved form for this purpose.

              Where  this licence  is surrendered  by the  licensee  or revoked  by the EPA or Minister, the licensee must prepare an annual return in respect of the period commencing on the first day of the reporting period and ending on

 

(a)               in relation  to the  surrender  of a licence  - the date  when  notice  in writing of approval of the surrender is given; or

(b) in relation to the revocation of the licence -the date from which notice revoking the licence operates.

 

Deadline for Annual Return

 

The Annual Return for the reporting period must be supplied to the EPA by registered post not later than 60 days after the end of each reporting period or in the case of a transferring licence not later than 60 days after the date the transfer was granted (the "due date").

 

 

Notification where actual load cannot be calculated

 

(Licences with assessable pollutants)

Where the licensee is unable to complete a part of the Annual Return by the due date because the licensee was unable to calculate the actual load of a pollutant  due  to  circumstances  beyond  the  licensee's  control,  the  licensee must notify the EPA in writing as soon as practicable, and in any event not later than the due date.

 

             The notification must specify:

 

(a)      the  assessable   pollutants  for  which  the  actual  load  could  not  be calculated; and

(b)      the   relevant   circumstances   that  were   beyond  the   control   of  the licensee.

 

Licensee must retain copy of Annual Return

The licensee must retain a copy of the annual return supplied to the EPA for a period of at least 4 years after the annual return was due to be supplied to the EPA.

 

Certifying of Statement of Compliance and Signing of Monitoring and

Complaints Summary

Within the Annual Return, the Statement of Compliance must be certified and the Monitoring and Complaints Summary must be signed by:

(a)      the licence holder; or

 

(b)      by a person  approved  in writing by the EPA to sign on behalf of the licence holder.

 

A person who has been given written approval to certify a Statement of Compliance  under  a licence  issued  under  the Pollution  Control  Act 1970  is taken to be approved  for the purpose  of this condition until the date of first review this licence.

 

Notification  of environmental harm

 

Note:  The licensee or its employees must notify the EPA of incidents causing or threatening  material harm to the environment  as soon as practicable  after the  person  becomes  aware  of the  incident  in accordance  with the requirements of Part 5.7 of the Act.

Notifications must be made by telephoning the EPA's Pollution Line service on

131 555.

The licensee must provide written details of the notification to the EPA within 7 days of the date on which the incident occurred.

 

Written report

Where an authorised officer of the EPA suspects on reasonable grounds that: (a) where  this licence  applies  to premises,  an event has occurred  at the premises; or

(b)      where  this  licence  applies  to vehicles  or  mobile  plant,  an event  has occurred in connection with the carrying out of the activities authorised by this licence,  and the event  has caused,  is causing  or is likely to cause  material harm  to  the  environment  (whether  the  harm  occurs  on  or  off  premises  to which the licence applies), the authorised officer may request a written report of the event.

 

The licensee must make all reasonable inquiries in relation to the event and supply  the  report  to the  EPA  within  such  time  as  may  be  specified  in the request.

             The  request  may  require  a  report  which  includes  any  or  all  of  the following information:

 

(a) the cause, time and duration of the event;

(b) the type, volume and concentration of every pollutant discharged  as a result of the event;

(c)   the   name,   address   and   business   hours   telephone   number   of employees or agents of the licensee, or a specified class of them, who witnessed the event; and

(d)  the  name,  address  and  business  hours  telephone  number  of  every other  person (of whom  the licensee  is aware)  who witnessed  the event, unless  the  licensee  has  been  unable  to  obtain  that  information  after making reasonable effort;

(e)  action  taken  by  the  licensee  in relation  to  the  event,  including  any follow-up contact with any complainants;

(f)   (details  of any measure  taken or proposed  to be taken to prevent  or mitigate against a recurrence of such an event;

(g)  (any other relevant matters.

 

The EPA may make a written request for further details in relation to any of the above matters if it is not satisfied with the report provided by the licensee. The  licensee  must  provide  such  further  details  to  the  EPA  within  the  time specified in the request.

 

GENERAL CONDITIONS

 

Copy of licence kept at the premises or on the vehicle or mobile plant

A copy of this licence must be kept at the premises or on the vehicle or mobile plant to which the licence applies.

The licence must be produced to any authorised officer of the EPA who asks to see it.

The licence must be available for inspection by any employee or agent of the licensee working at the premises or operating the vehicle or mobile plant.

 

8.        GENERAL TERMS OF APPROVAL FOR DEPARTMENT OF LAND &

WATER CONSERVATION

 

Objective

 

To ensure that the proposed development is consistent with the licensing requirements of DLWC.

 

 

Performance

 

The applicant shall make application to the Department Land and Water Conservation for an Industrial use licence under Part V of the Water Act 1912 for part of the existing surface water extraction licence from the Lachlan River. The development proposal in terms of water supply is to be undertaken in accordance with the General Terms of Approval as outlined below.

 

GENERAL  TERMS  OF  APPROVAL   FOR  A  LICENCE  OR  AUTHORITY UNDER THE WATER ACT 1912

 

General Notes

 

The purpose of these conditions are to:-

 

define certain terms used in the other conditions;

specify  the   need  to  obtain   a  licence,   permit  or   authority   before commencing any works;

specify  that,  in  most  cases,  an  approval  will  only  be  issued  to  the

occupier of the lands where the works are to be located (as required by the Water Act);

require existing approvals to be cancelled or let lapse when a licence is issued (if applicable);

require the safe construction and operation of all works;

require the use of appropriate soil conservation measures;

limit vegetation destruction or removal to the minimum necessary;

require   the   separate   authorisation   for                   clearing     under   the   Native

Vegetation Conservation Act;

Allow conditions to be imposed for the management  of fuel (petroleum products);

require the payment of fees on the issuing of an approval.

 

In the following conditions relating to an approval under the Water Act 1912;

 

'The Department' means the Department administering the Water Act 1912;

'approval' means a licence, permit, authority or approval under that Act;

'river' has the same meaning as in section 5 of the Water Act 1912;

'work'  means  any  structure, earthwork,  plant  or equipment  authorised  under the approval to be granted, as defined in section 5 and 105 of the Water Act

1912;

'controlled  work'  means  an  earthwork,  embankment  or  levee  as  defined  in section 165 of the Water Act 1912.

 

General Conditions

 

An approval will only be granted to the occupier of the lands where the works are located, unless otherwise allowed under the Water Act 1912.

 

When  the   Department  grants  an  approval,   it  may  require   any  existing approvals held by the applicant relating to the land subject to this consent to be surrendered or let lapse.

 

All  works   subject  to  an  approval   shall   be  constructed,   maintained   and operated so as to ensure public safety and prevent possible  damage to any public to private property.

 

All works involving soil or vegetation disturbance shall be undertaken with adequate  measures  to prevent  soil erosion  and the entry of sediments  into any river, lake, water body, wetland or groundwater system.

 

The  destruction   of  trees  or  native  vegetation   shall  be  restricted  to  the minimum necessary to complete the works.

 

All  vegetation   clearing   must  be  authorised   under  the  Native   Vegetation

Conservation Act 1997,  if applicable.

 

The   approval   to   be   granted   may   specify   any   precautions   considered necessary   to  prevent  the   pollution  of  surface  water  or  groundwater   by petroleum products or other hazardous materials used in the construction or operation of the works.

 

A licence fee calculated in accordance with the Water Act 1912 must be paid before a licence can be granted.

 

Conditions for water use

 

The purpose of these conditions are to:

 

allow  the  Department  to  obtain  an  accurate  measure  of  water  use where necessary;

specify the purpose(s) for which the water may be used;

specify conditions to protect water quality and the environment;

specify  the  maximum  rate  that  water  may  be  taken  from  the  water source;

specify the limitations of when the water may be taken from the water source;

require  the retention  of a vegetated  buffer zone and the protection  of native vegetation in that buffer zone;

require water to be ordered in advance of being used;

ensure proper management of tail water drainage;

ensure accessions to groundwater systems are restricted.


Item 19 Ordinary Meeting 20 August 2012

Item 19 - Annexure 1

 

 

 

Suitable devices must be installed to accurately measure the quantity of water extracted or diverted by the works.

 

All water measuring equipment must be adequately maintained.   It must be tested as and when required by the Department of ensure its accuracy.

 

If required by the Department, the extraction and use of water must be recorded and reported as specified by the Department.  For instance, the Department may require the annual return of information on hours pumped and monthly extraction rate.

 

The water extracted under the approval to be granted shall be used for the purpose  of  industrial  and  for  no  other  purpose.    A  proposed  change  in purpose will require a replacement licence to be issued.

 

In order to protect the environment and the interests of other water users the approval may further specify how the water may be used and the land on which it may be used.

 

The conditions of the approval may specify how water is to be distributed (for instance by the use of pipes) in order to prevent wastage or accessions to groundwater.  The Department may alter the conditions of the approval at any time for these reasons.

 

A vegetated buffer zone of not less than 20* metres must be maintained between any development and the high bank of any adjoining river.   Any native vegetation in the vegetated buffer zone shall be managed so as to protect the native plant species.  (* may be more or less depending on the purpose of extraction.

 

Water shall not be diverted unless notice has been given to the Department as stipulated in the approval to be issued.

 

The  use  of  water  shall  be  conditional  on  no  tail  water  drainage  being discharged into or onto:-

 

any adjoining public or Crown road;

any other person's land;

any Crown land;

any river, creek or watercourse;

any groundwater aquifer;

any area of native vegetation;

any wetlands

 

Conditions for bores and wells

 

The purposes of these conditions are to:-

 

set a limited period for bore construction;

require the bore to be properly completed and sealed;

require  certain information  to be provided  on completion  of the work, including a location plan;

allow DLWC access for inspection and testing;

restrict the bore diameter;

specify procedures if saline or polluted water found;

specify procedures if the bore is abandoned;

require advice if water found;

define domestic use;

specify a volumetric allocation for each purpose of the entitlement; specify  distances  works  to  be  sited  from  boundaries,  streams  other bores etc;

identify lands that may be irrigated;

specify a volumetric allocation for the works purpose;

allow DLWC to alter the allocation at any time;

provide for a review of allocation if any subdivision occurs;

require regular measuring of water levels to provide information needed to manage aquifers.

 

Works  for  construction  of  bores  must  be  completed  within  such  period  as specified by the Department.

 

The Department must be notified if a supply of useable water is obtained and the bores shall then be suitably lined and capped to the standard required by the Department.

 

Within  2  months  after  the  works  are  completed,  the  Department  must  be provided with an accurate plan of the location of the works and notified of the results of any pumping tests, water analysis and other details as are specified in the approval.

 

The works must be at least:-

 

200 metres from any boundary of the property;

600 metres from any irrigation bore on any adjoining property;

500 metres from and town water supply bore;

400 metres from any Department observation bore;

40 metres from the nearest bank of any river or creek;

 

Officers  of the Department or other authorised  persons  must be allowed full and free access to the works for the purpose of inspection and testing.

 

 

All works must be constructed and maintained to properly control the water extracted to prevent wastage or any reduction in quality of the sub-surface water.  The Department may direct that any necessary repairs or alterations be undertaken to maintain the works in good working order.

 

Any saline  or  polluted water  located above  a  producing  aquifer must be sealed by the use of cemented casing as specified by the Department.

 

If a bore ceases to be productively used, the Department must be notified and the aquifer must be sealed by a method acceptable to the Department.

 

Any  water  extracted  by  the  works   must  not  be  discharged  into  any watercourse or groundwater if it would pollute that water.

 

Any water extracted by the works for domestic purposes may be used to irrigate gardens for private use and pasture for private domestic animals, neither area exceeding 2 hectares.

 

Both the pumping and non-pumping water levels must be recorded at least twice each year and reported with the annual groundwater return.

 

9.           PROVISION OF PRIVATE ACCESS TO A RURAL ROAD Objective

To ensure that a safe and practical access is provided to the existing and

proposed development sites.

 

Performance

 

 

The applicant at his/her full cost shall provide an access to the proposed development site and to upgrade the existing access to the present site.

 

a)       The two accesses are to be located a minimum of 1OOm apart and the location of the new access is to comply with Council's specification in terms of sight distance requirements.

b)       The layout of both accesses is to be BAR and BAL treatment and the shoulder widening required by the BAR treatments are to be carried through parallel to the road centreline to merge with the shoulders on the BAL treatments.

(c)        The gate at the new access is to be setback from the boundary  a minimum distance of 30 metres from the edge of the road pavement and the section of access from the road to the gate is to be sealed.

d)                    The accesses are to be· formed and constructed in gravel prior to

the  commencement  of works on site and the bitumen seals applied prior to  issue of an occupation certificate for stage 1(a)

e)       A "TRUCK TURNING"    road sign to be erected at 200m to the west of the existing access point.

f)                      The construction  of access is generally  to be in accordance  with

Council's  Specification for Private Access to a Rural Road.

g)          Construction Certificate is to be obtained by the applicant prior to the   commencement of works on accesses and a Compliance Certificate  upon  completion  of  the  formation  of  the  accesses  in gravel, and the application of the bitumen seals.

 

10.         UPGRADE OF INTERSECTION Objective

To ensure that the condition of the intersection  of Paytens Bridge Road and the Eugowra-Gooloogong Road is safe for the increased heavy traffic to be generated by the proposed development.

 

Performance

 

The applicant shall meet their component of the cost of the upgrade based on their  contribution  to  traffic  impacts  at  the  existing  intersection  of  Paytens Bridge Road and the Eugowra-Gooloogong  Road to a BARIBAL standard in accordance  with  RTA  Design  Guidelines  and  Council's  Specification.    The works shall be undertaken prior to the completion of stage 1(c).  The applicant shall negotiate  with Council's  Engineering  Department  by the provision  of a Traffic Study.

 

An engineering design is to be provided to Council before the issue of a Construction  Certificate  for the development  and a Compliance  Certificate  is to be obtained upon completion of works.

 

Sedimentation  Control and Traffic Management  Plans are to be submitted to

Council along with the design for Council approval.

 

A maintenance (defects liability) period of six months shall be applicable to the works  related  to  the  upgrade  and  the  applicant  is to  lodge  with  Council  a security of 1O%of the value of the works.  The applicant is to meet the cost of making good any defects during the maintenance period.

 

A maintenance (defects liability) period of six months shall be applicable to the works related to the upgrade and the applicant is to lodge with Council a security of 1O%of the value of the works.  The applicant is to meet the cost of making good any defects during the maintenance period.

 

11.         BUILDING WORKS Objective

To ensure that all proposed structures receive appropriate approval.

 

 

Performance

 

A      separate  development  application  shall   be   lodged  with   Council  for determination regarding all building work on site.

 

12.        HOURS OF OPERATION Objective

To ensure that the development proceeds in  a manner as  determined by

Council.

 

Performance

 

All  construction  work  at  the  premises  shall  only  be  conducted  between Monday to Friday 7:00am to 6:00pm, Saturday 7:00am to 1:OOpm no time on public holidays.

 

13.         FEEDLOT PEN DESIGN Objective

To ensure feedlot pens are designed to an acceptable standard.

 

 

Performance

 

Full Engineering design plans and specifications of the proposed feedlot pens effluent  holding  ponds,  "Turkeys  Nest"  water  storage  structures,  effluent drains, solid waste storage area and composting areas are to be provided to the PCA for assessment prior to a Construction certificate being issued.  The designs are to be in accordance with the General Terms of Approval and as detailed in the EIS except where amended by a condition of consent.

 

14.         FEEDLOT PEN DRAINAGE Objective

To ensure Feedlot Pen Drainage remains unobstructed.

 

Performance

 

All feedlot pen intercept  and collection drains  shall be maintained  free from obstruction and debris at all times to permit the drainage of water/effluent.

 

 

 

15.         FEEDLOT  STORMWATER DESIGN Objective

To ensure that the development is designed and constructed in a manner as determined by Council and the EPA.

 

Performance

 

The proposed cattle feedlot stormwater mitigation system shall be designed to handle wet weather runoff using a runoff co-efficient of 1.0 and capable of containing a 1:50 year storm of 24 hour duration.

 

16.         FEEDLOT DESIGN Objective

To ensure that the proposed feedlot is constructed in a manner which minimises impact on water quality.

 

Performance

 

The following units must be constructed so that the floors and I or walls of:

 

feedlot pens effluent ponds composting areas

);>                manure storages

 

have a permeability of not more than 1 x 10 _g   m/s of one metre of compacted clay or equivalent.  A Compliance Certificate issued by a suitably qualified and experienced geotechnical consultant engineer certifying that the above

 

permeability's  have  been  achieved  must  be  provided  to  the  PCA    prior  to feedlot pens being erected.

 

17.         STOCK MORTALITY I CARCASS DISPOSAL Objective

To ensure that adequate protocols are in place in the event of mass stock mortality.

 

Performance

 

The applicant will liaise with Council, the Environment Protection Authority, The Department Land and Water Conservation and Department of Agriculture in order to produce emergency protocols to be implemented in the event of mass animal mortalities.  These protocols must be produced and submitted for approval of the nominated agencies, prior to stocking of the proposed cattle feedlot.

 

18.          DECOMMISSIONING AT EXISTING FEEDLOT Objective

To ensure that the existing feedlot site is closed and rehabilitated.

 

Performance

 

Following the completion of Stage 1A, the existing feedlot shall be closed and rehabilitated. The decommissioning of the site shall include:

 

1.       Removal of pens.

 

2.       Backfilling of sediment control drains.

 

3.            Soil analysis undertaken to determine suitability for future agricultural use.

 

4.       Replanting of pastures.

 

5.       Emptying and desludging of effluent catchment dam.

 

6.       Backfilling of effluent catchment dam.

 

7.                Placement and management of sediment control structures to prevent entry of sediments from the site into Mandagery Creek.

 

A decommissioning plan shall be prepared and submitted to the EPA and Council for approval within 30 days of destocking.  All works to be completed within 6 months of closure to EPA satisfaction.


Item 19 Ordinary Meeting 20 August 2012

Item 19 - Annexure 1

 

 

19       Construction of Water Pipeline

 

Objective

 

To ensure that the construction of the water pipeline from the Lachlan River to development site receives relevant approvals.

 

Performance

 

The applicant shall obtain a licence from Land NSW for the construction of the water  pipeline  along  the  Crown  Road.    The  applicant  shall  obtain  a  road opening permit from Council for any pipeline construction works carried out on Council Public Roads.  The construction of the pipeline is to be in accordance with the General Terms of Approval issued by the EPA.

 

20       Water Supply

 

Objective

 

To ensure  that the proposed  development  has an adequate  water  supply in terms of Animal Welfare.

 

 

 

Performance

 

The applicant  shall   provide   detailed   plans for  certification   and    construct an 8ML "Turkeys Nest"  water storage facility on site to provide a secure water supply for the development.  The storage facility shall remain at full capacity to ensure a reliable supply in the event of water supply shortages.

 

21       Land Requirements

 

Objectives

 

To  ensure  that  an  adequate  area  of  land  is  maintained  for  effluent  and manure application.

 

Performance

 

The applicant shall hold a minimum area of 606 hectares being the area of the properties  of "Springfield"  and "Gundamain"  at all times  to ensure  adequate area  for  the  disposal  of  waste.     This  approval  is  on  the  basis  that  the properties of "Springfield" and "Gundamain" are held in conjunction with the operation of the feedlot.

 

22           Environmental Audit

 

Objective

 

To ensure that the development proceeds in a manner as determined by

Council.

 

Performance

 

The applicant  shall prepare and submit to Council for approval the following

Management protocols and/or plans.

 

sampling of surface and groundwater and utilisation area soils effluent management

farm management

mass disposal mortuary

decommissioning for old and proposed facilities remediation of old and proposed facilities

 

23          Biennial Environmental Management  Report (BMER)

 

Objective

 

To ensure that the development is operated  in accordance  with the relevant licences and conditions of consent.

 

Performance

 

The applicant  shall hold a Biennial Environmental Report meeting (BMER). The BMER must be prepared and presented to;

 

Cabonne Council

Environmental Protection Authority Department of Land and Water Conservation Department of Agriculture

 

24           Buffer Zone

 

Objective

 

To protect the visual amenity of the area.

 

Performance

 

(a)      Tree planting is to be provided along the road frontage to Paytens

Bridge Road. The minimum width of this buffer zone shall be 50m.

(b)      Such landscaping is to include suitable species which at maturity, will enhance the local environment.

(c)      Landscaping is to be completed prior to the use or occupation of the

development and is to be maintained at all times.

 

25       Power

 

Objective

 

To ensure the proposed activity has an adequate supply of power.

 

Performance

 

The applicant shall meet any costs associated with the connection of power to

 

the development. Documentary evidence from a Power Authority is to be submitted detailing connection.

 

26       Soil and Water

 

Objective

 

To       ensure    that    the    development    proceeds    in    accordance    with   the requirements of Department of Land and Water Conservation.

 

Performance

 

(1)           Manage surface runoff within and adjacent to the site and control all points water discharge within and from the site to the satisfaction of the Department of Land and Water Conservation.

 

(2)      Conserve any topsoil from disturbed areas for use in rehabilitation and consult the Department of Land and Water Conservation ( Mr Kieran Hawker, Catchment Advisory Officer, Cowra 6341 1600 ) during topsoil stripping and stockpiling in respect topsoil reuse and sowing mixture recommendations.

 

(3)      Consult  with  the   Department  of   Land   and   Water   Conservation (Catchment Advisory Officer, Cowra ) prior to the construction of runoff diversion and erosion and sediment control works. These works are to be   constructed  to   capacities  and   standards  satisfactory  to   the Department of Land and Water Conservation, this would include compaction tests under the pens, manure storage areas and sediment and effluent controls.

 

(4)     Implement  a  monitoring  program  to  be  carried  out  in  an  interval acceptable  to  Council,  EPA  and  DLWC  to  monitor  movement  of leachate under pens, the waste storage area and the irrigation effluent area. The results of these test shall be forwarded to both Council and the Department of Land and Water Conservation.

 

(5)      Consult with the hydogeological staff at the Forbes Office in relation to the establishment and placement of monitoring bores.

 

27.         STOCK NUMBERS Objective

To provide a record of stocking numbers with the feedlot.

 

Performance

 

The applicant shall keep a daily record of stock in a register for stock numbers in the feedlot.  The register shall be available for inspection by officers of the EPA and Cabonne Council.

 

 

 

 

 

28.         ENVIRONMENTAL OFFICER Objective

To have the company nominate a designated Environmental Officer.

 

Performance

 

The Company shall within 28 days of the issue of consent, nominate an Environmental Officer to the Council and the EPA, who shall be responsible for:-

 

                   Environmental Monitoring

                   Review of Management Plans

                   First point of contact during operational hours.

 

29.         LANDSCAPE BOND Objective

To ensure compliance with the planting of landscape buffers.

 

Performance

 

The applicant's shall provide a bond or bank guarantee of $5000 to Cabonne Council to be refundable upon the issue of a Compliance Certificate by the PCA for planting of the buffer zones.

 

30.         FLEXIBILITY OF CONDITIONS Objective

To ensure ongoing best practice Environmental Management of the project.

 

Performance

 

Council may vary the performance of any conditions, subject to an application in writing from the applicants and provided the objective of the conditions is at all times met.

31     SHADING

 

Objective

 

To ensure that the health and welfare of cattle is maximized.

 

Performance

 

The Applicant is to comply with the submitted Excessive Heat Loading Action Plan.

 

 

 

 

PART 2 - DEFERRED  COMMENCEMENT CONSENT -this part of the development consent relates to the proposal to increase the stocking rate of the feedlot from 4000 head to 6000.

 

32.         DEFERRED COMMENCEMENT Objective

To   ensure   that   the   development   is  carried   out   in   an   environmentally satisfactory manner.

 

Performance

 

The stocking rate of the feedlot  may only increase  from 4000  head to 6000 head upon the applicant satisfying the Council that:-

 

a)        The development  has operated in a satisfactory manner for a period of not less than 18 months.   For the purposes of this condition, the applicant must provide to the Council, at the applicant's cost, an independent  audit of the applicant's compliance  with the conditions of the development consent and environmental protection licence (including  compliance  with management  plans).   The auditor  shall be appointed by and report to the Council.

 

b)       An  environmental  protection  licence  has  been  obtained  from  the EPA enabling the applicant to increase the stocking rate from 4000 head to 6000 head.


Item 22 Ordinary Meeting 20 August 2012

Item 22 - Annexure 1

 


 


GENERAL MANAGER’S REPORT ON MATTERS FOR NOTATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Monday 20 August, 2012

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      INVESTMENTS & RATES SUMMARIES.......................................... 1

ITEM 2      FINANCIAL ASSISTANCE GRANTS - ADJUSTMENT................. 1

ITEM 3      Resolutions Register - InfoCouncil - Outstanding Actions       2

ITEM 4      WBC ACTIVITIES UPDATE REPORT............................................... 3

ITEM 5      ECONOMIC ASSESSMENT FOR MINING AFFECTED COMMUNITIES    3

ITEM 6      CARAVAN PARK COMMITTEE......................................................... 4

ITEM 7      BANK STREET - ROAD CLOSURE.................................................. 4

ITEM 8      BORENORE RFS SHED...................................................................... 5

ITEM 9      DEVELOPMENT APPLICATIONS RECEIVED DURING THE PRECEDING MONTH................................................................................................................... 5

ITEM 10    DEVELOPMENT APPLICATIONS APPROVED DURING THE PRECEDING MONTH.................................................................................................... 6

ITEM 11    BURIAL STATISTICS........................................................................... 8  

 

ANNEXURE ITEMS

 

ANNEXURE 1.1    Schedule of Investments as at 30 June 2012 10

ANNEXURE 1.2    Schedule of Investments as at 31 July 2012 11

ANNEXURE 3.1    Council................................................................................ 12

ANNEXURE 3.2    Community Services..................................................... 51

ANNEXURE 3.3    ED and T................................................................................ 53

ANNEXURE 3.4    Environmental Services.......................................... 55

ANNEXURE 3.5    Land Development........................................................ 57

ANNEXURE 3.6    Local Government....................................................... 59

ANNEXURE 3.7    Quarry Review................................................................ 64

ANNEXURE 3.8    Rates..................................................................................... 65

ANNEXURE 3.9    Works................................................................................... 66

ANNEXURE 4.1    WBC Update Report...................................................... 73

ANNEXURE 5.1    Response from The Hon. Andrew Stoner MP re- mining royalties for regions............................................... 85

ANNEXURE 6.1    Caravan Park Meeting Minutes............................ 94 

 


 

 

ITEM 1 - INVESTMENTS & RATES SUMMARIES

REPORT IN BRIEF

 

Reason For Report

Information provided in relation to investment and rates

Policy Implications

Nil

Budget Implications

Nil

Annexures

1.  Schedule of Investments as at 30 June 2012

2.  Schedule of Investments as at 31 July 2012    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING - 333890

 

Director of Finance and Corporate Services' REPORT

 

Statement of Investments.

 

The amended Schedule of Investments to 30 June 2012 and the Schedule of Investments to 31 July 2012  is attached for Council’s information.

 

Rate Collection Summary.

 

Rate summary has been delayed due to the introduction of the new IT system.

 

 

ITEM 2 - FINANCIAL ASSISTANCE GRANTS - ADJUSTMENT

REPORT IN BRIEF

 

Reason For Report

Advising of adjustment to the Council's Financial Assistance Grant

Policy Implications

Nil

Budget Implications

To be funded from reserve.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\MONITORING - 335026

 

Director of Finance and Corporate Services' REPORT

 

Council has received advice from the Division of Local Government that an adjustment will be made to the 2012/13 Financial Assistance Grants due to an overestimate of the consumer price index (CPI)increase projected for the 2011/12 Financial Assistance Grants.

 

Financial Assistance Grants are paid on the basis of the previous year’s grant plus an allowance for the estimated movement in the consumer price index. The payments in the 2011/12 were overpaid on the basis that the estimate was above that of the actual CPI movement. The difference for Cabonne will be $66,642 less in the general component and $45,545 in the roads component compared to that contained in Council’s original estimates.

 

Council has a financial assistance grant working fund account which is utilised to offset such adjustments and in previous years has had funds transferred to it where the estimate has been lower than the actual outcome. Accordingly the shortfall in income will be transferred from this account thus having no impact on the 2012/13 budget. This adjustment will take place in the September quarterly budget review.

 

 

ITEM 3 - Resolutions Register - InfoCouncil - Outstanding Actions

REPORT IN BRIEF

 

Reason For Report

To provide Council with a report of outstanding actions resulting from May 2009 to last month's Council and Committee meetings.

Policy Implications

Nil

Budget Implications

Nil

Annexures

1.  Council

2.  Community Services

3.  ED and T

4.  Environmental Services

5.  Land Development

6.  Local Government

7.  Quarry Review

8.  Rates

9.  Works    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\RESOLUTION REGISTER - 326077

 

Administration Manager's REPORT

 

InfoCouncil generated reports are provided including May 2009 to 12 August 2012 Resolutions.  These are annexed sorted by meeting i.e. Council, Community Services, etc. 

 

Progress comments are provided until the final Action comment which will also show “COMPLETE”: that Item will then be removed from the Registers.

 

Councillors should raise any issues directly with Directors as per the Mayor’s request.

 

 

ITEM 4 - WBC ACTIVITIES UPDATE REPORT

REPORT IN BRIEF

 

Reason For Report

To provide Council with an update on WBC activities for the preceding month

Policy Implications

Nil

Budget Implications

Nil

Annexures

1.  WBC Update Report    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 335017

 

General Manager's REPORT

 

An update report on activities undertaken by the WBC Project Officer has been provided as an annexure for Councillors’ information.

 

Following is a list of current activities included in the report. For a comprehensive progress report on activities please refer to the annexure.

 

 

·    Integrated Planning & Reporting

·    Destination 2036

·    Councillor Induction Program

·    Development Control Plan Project

·    Summary of Alliance Achievements

 

 

ITEM 5 - ECONOMIC ASSESSMENT FOR MINING AFFECTED COMMUNITIES

REPORT IN BRIEF

 

Reason For Report

To inform Council of the response from the Minister for Trade and Investment and Regional Infrastructure and services

Policy Implications

Nil

Budget Implications

Nil

Annexures

1.  Response from The Hon. Andrew Stoner MP re- mining royalties for regions    

File Number

\OFFICIAL RECORDS LIBRARY - 323496

 

Director of Engineering and Technical Services' REPORT

 

Council received a response from Andrew Stoner MP – Minister for Trade and Investment and Minister for Regional Infrastructure and Services.  This is in response to a letter to Duncan Gay MP - Minister for Roads and Ports regarding mining royalties for regions. 

 

The response is a covering letter for the NSW government economic assessment of mining affected communities.  The assessment is included in the annexure to this report. In effect the assessment suggests that most mining affected communities received more funding per head of population in 2010/11 than those unaffected by mining with the exception of the LGA’s of Singleton and Musswellbrook. 

 

Council might note in the attached graphs profiling the gross royalties per LGA and royalties per capita for LGAs.  Cabonne council sits in tier 2 between $5000 and $10,000 per capita.  Other councils in tier 2 include Blayney, Bogan, Cobar, Cessnock, Lithgow, Parkes and Mid Western to name a few. 

 

 

 

ITEM 6 - CARAVAN PARK COMMITTEE

REPORT IN BRIEF

 

Reason For Report

Minutes of the caravan park committee meeting of 29th June 2012

Policy Implications

Nil

Budget Implications

Nil

Annexures

1.  Caravan Park Meeting Minutes    

File Number

\OFFICIAL RECORDS LIBRARY - 328390

 

Urban Assets Coordinator's REPORT

 

Council’s Caravan Park Committee convened at Cudal on the 29th June 2012 for its quarterly meeting. The minutes of the meeting are attached as an annexure. It is recommended that Council note the minutes of the meeting.

 

 

ITEM 7 - BANK STREET - ROAD CLOSURE

REPORT IN BRIEF

 

Reason For Report

To advise Council that the road closure is finalised.

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\ROAD CLOSURES\PERMANENT - 329075

 

Design Manager's REPORT

 

Council has recently received notification that Lot 100 DP 1168687 has had the notification of road removed from the Second Schedule of the Title. This is the old road reserve that headed North off Bank Street, approximately halfway between Edward and Phillip Street.

 

The land is now Council Operational Land and a Certificate of Title has been issued to Council.

 

ITEM 8 - BORENORE RFS SHED

REPORT IN BRIEF

 

Reason For Report

To advise of the progress on the land acquisition.

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\EMERGENCY SERVICES\SERVICE PROVISION\BORENORE  RURAL FIRE BRIGADE - 329103

 

Design Manager's REPORT

 

Council has recently received notification that Lot 100 DP 1172924 has had the notification of road removed from the Second Schedule of the Title. This is the parcel of land that was recently subdivided from the Borenore Road Reserve, near The Escort Way intersection for the purpose of building a new Borenore RFS Shed.

 

The land is now an individual allotment and is classified as Council Operational Land. It has a Certificate of Title that has been issued to Council.

 

ITEM 9 - DEVELOPMENT APPLICATIONS RECEIVED DURING THE PRECEDING MONTH

REPORT IN BRIEF

 

Reason For Report

Details of Development Applications received during the preceding month.

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 334084

 

Director of Environmental Services' REPORT

 

The following Development Applications have been received during the period 1/07/2012 to 31/07/2012 as detailed below.

 

SUMMARY OF DEVELOPMENT APPLICATIONS RECEIVED

 

TYPE

ESTIMATED VALUE

Convert Shed & Carport to Dwelling

$ 80,000

Shed & Septic

$ 60,000

Garage

$ 3,000

Microbrewery

$ 10,000

Enclose Existing Carport & Paint Building

$ 11,000

Erection of Sculpture

$ 5,000

Storage Shed with Awning

$ 59,000

Extension to Pre School

$ 145,000

Storage Shed

$ 12,800

Shed & Septic Wastewater Trenches

$ 10,000

Above Ground Fuel Tank

$ 42,000

Bar Canteen Area

$ 40,000

New Rubble Drain

$ -----